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Binnie J., joined by McLachlin, Major, Arbour JJ. Harvard College v Canada (Commissioner of Patents)[2] is a leading Supreme Court of Canada case concerning the patentability of higher life forms within the context of the Patent Act. [3] At issue was the patentability of the Harvard oncomouse, a mouse that had its genome genetically altered by ...
Pfizer Canada Inc., 2010 FCA 242 (23 September 2010), affirming Pfizer Canada Inc. v. Novopharm Limited, 2009 FC 638 (18 June 2009). Ruling: Appeal allowed: Holding; The disclosure requirement in Patent Act is evaluated with respect to each invention in the patent, and not necessarily with each individual patent claim. Court membership
Monsanto Canada Inc v Schmeiser [2004] 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights for biotechnology, between a Canadian canola farmer, Percy Schmeiser, and the agricultural biotechnology company Monsanto. The court heard the question of whether Schmeiser's intentionally growing genetically modified ...
Binnie J. Whirlpool Corp v Camco Inc, [2000] 2 S.C.R. 1067; 2000 SCC 67, is a leading Supreme Court of Canada decision on patent claim construction and double patenting. The court adopted purposive construction as the means to construe patent claims. This judgement is to be read along with the related decision, Free World Trust v Électro ...
Rothstein J. McLachlin C.J. took no part in the consideration or decision of the case. Apotex Inc v Sanofi-Synthelabo Canada Inc, [2008] 3 S.C.R. 265, is a leading Supreme Court of Canada decision on the novelty and non-obviousness requirements for a patent in Canada. The Court rejected a challenge by the generic drug manufacturer Apotex to ...
X v Canada (Commissioner of Patents) Categories: Patent case law by country. Canadian intellectual property case law. Canadian patent law.
Amazon.com Inc v Canada (Commissioner of Patents) Amazon.com Inc v Canada (Commissioner of Patents) is a decision of the Federal Court of Appeal concerning the patentability of business methods within the context of the Patent Act. [1] At issue was the patentability of a method that allowed customers shopping online to make purchases with one ...
Canadian patent law is the legal system regulating the granting of patents for inventions within Canada, and the enforcement of these rights in Canada.. A 'patent' is a government grant that gives the inventor—as well as their heirs, executors, and assignees—the exclusive right within Canada to make, use, and/or sell the claimed invention during the term of the patent, subject to adjudication.