Federal Court Clarifies Duty Of Candour Owed During Prosecution Of Patent Applications.
Mondaq Business Briefing › Nbr. 2009, January 2009
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Federal Court Clarifies Duty Of Candour Owed During Prosecution Of Patent Applications.
In a recent Federal Court decision of Lundbeck Canada Inc. v. Ratiopharm Inc., 2009 FC 1102 dated November 23, 2009, Justice Mactavish clarified the duty of candour owed by an applicant pursuant to s. 73(1)(a) of the Patent Act. As summarized by the court, s. 73(1)(a) provides that "an application for a patent shall be deemed t...
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