In Nova Chemicals Corporation v The Dow Chemical Company et al., 2022 SCC 43 (“Nova Chemicals”) the Supreme Court of Canada (“SCC”) clarified the test for determining a proper accounting of profits when it is relied upon as a statutory remedy for patent infringement. In the process of doing so, the SCC finally admitted into […]
Patents exist to reward inventors and to facilitate the fulsome disclosure of inventions to the public’s benefit. However, prospective patents must meet statutory requirements in order to be approved. As per the Patent Act, RSC, 1985, c P-4 [Patent Act], prospective inventions must demonstrate that they are “useful” in order to enjoy protection under the Act. Unquestionably, […]
The definitions of what is a method of medical treatment and what is an invention were under scrutiny in a recent Federal Court decision. In AbbVie Biotechnology Ltd. v Canada (Attorney General), 2014 FC 1251 [Abbvie], a judicial review of an appealed patent decision, the federal judge found that recent guidelines issued by the Patent Commissioner ("Commissioner") […]