Supreme Court of Canada eliminates Promise of Patent Doctrine

On June 30, 2017, in Case Law, Legislation, News, Patents, by Natalie Raffoul

In an exciting decision released today, the Supreme Court of Canada eliminates the Promise Doctrine in Canadian patent law, which was established by the Federal Courts of Canada some years ago. Under the Promise Doctrine, patents could be invalidated if they did not live up to all of the promises made in the patent, such as […]


On November 28, 2011, in News, Patents, by Natalie Raffoul

The Federal Court of Appeal (FCA) largely approved Justice Phelan’s reasons in the lower court.  “I agree that no Canadian jurisprudence determines conclusively that a business method cannot be patentable subject matter.”  However, the FCA critized Justice Phelan’s “practical embodiment or practical application” test. The FCA allowed’s appeal from the Commission and requires the Commissioner […]

Canadian Federal Court of Appeal Rejects “Lack of Good Faith” as Grounds for Patent Invalidation

On September 27, 2011, in News, Patents, by Rigadoon New Media

A recent Federal Court of Appeal (FCA) decision in the case of Corlac Inc. et al. v. Weatherford Canada Limited et al. has clarified Canada’s position on “lack of good faith” as suitable grounds for patent invalidation. Originally, Weatherford Canada Ltd., licensee of Canadian Patent No. 2,095,937 (the ‘937 patent), brought an infringement action against […]