In Canmar Foods Ltd v TA Foods Ltd, 2019 FC 1233 (September 25, 2019), the Federal Court of Canada, for the first time, interpreted the new file wrapper estoppel provision, section 53.1 of the Canadian Patent Act. The Court held that a …
The Doctrine of Equivalents: Examination of the Law in Germany
In many jurisdictions, the scope of protection afforded by a patent is defined by the claims of the patent as read either literally or under doctrine of equivalents. Infringement based on the doctrine of equivalents is generally not based on …
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Taiwan’s Patent Linkage System Finally Comes Into Effect
On December 29, 2017, the Legislative Yuan of the Republic of China (Taiwan) passed an Amendment to the Pharmaceutical Affairs Act (PAA) establishing a patent linkage system. On August 20, 2019, Taiwan’s long-awaited patent linkage system finally came into effect. …
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The Doctrine of Equivalents: Examination of the Law in the Netherlands
In many jurisdictions, the scope of protection afforded by a patent is defined by the claims of the patent as read either literally or under doctrine of equivalents. Infringement based on the doctrine of equivalents is generally not based on …
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The Doctrine of Equivalents: Examination of the Law in Spain
In many jurisdictions, the scope of protection afforded by a patent is defined by the claims of the patent as read either literally or under doctrine of equivalents. Infringement based on the doctrine of equivalents is generally not based on …
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Are you ready for the significant changes coming to Canadian patent practice?
As many readers are aware, on December 1, 2018, the Canadian government published for public consultation an updated version of its proposed amendments to the Canadian Patent Rules (Rules). The consultation period ran from December 1, 2018 to December 31, …
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Good news for Biotech Innovators – Diagnostic Methods Remain Patentable in Australia
Background Sequenom, Inc. (Sequenom) sells a non-invasive test called “MaterniT® 21 PLUS” that is used to detect the presence of cell-free fetal DNA (cffDNA) in serum or plasma samples obtained from expectant mothers. The test avoids the risks of widely-used …
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