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Post-grant patent validity challenges in Canada

Thursday, May 24, 2018 @ 8:28 AM | By Michael Crichton

Most jurisdictions provide at least some procedures for challenging the validity of a granted patent. Sometimes the process for challenging validity is conducted before a patent office, and sometimes the process is conducted in court before a judge.

Recently, the Supreme Court of the United States (SCOTUS) heard and decided the Oil States case where the constitutionality of the Inter Partes Review (IPR) process was challenged and ultimately upheld.

In view of this recent SCOTUS decision, this article discusses post-grant patent validity challenges in Canada....