Cameron Cdn Patent Law Benchbook 3rd

,Bereskin & Parr;Donald,Cameron

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An essential text for new members of the intellectual property law bar and those focusing their skills on the legal and business realities of patent law practice

Originally done as a resource for Canadian judges, Canadian Patent Law Benchbook provides a thorough analysis of Canadian patent law. Contributors use their considerable experience to bring their unique insights and provide clarity into Canadian patent law. In conjunction with Canadian Trademark Law Benchbook, new and long-term members of the intellectual property bar and those seeking to refocus their skills on the fundamental legal and business realities of patent law practice.

New in this Edition

The Chapters have been thoroughly reviewed and commentary added covering the following issues:

  • AstraZeneca (2017, SCC) – its effect on patentability, validity attacks and the end of the “promise of the patent”
  • Patentable Subject Matter – including methods of medical treatment, isolated DNA sequences and computers
  • Obviousness – scope of prior art to be considered and “reasonably diligent searches”; evolution of “inventive concept”; “fair expectation of success” not the test in “obvious to try”; obviousness-type double patenting
  • Claim Construction – deference to the trier of fact; treatment of obvious errors; blinding expert witnesses; the non-essential element test of Free World and Whirlpool; the U.K. Actavis decision
  • Infringement – infringement by common design
  • Litigation Procedures – new proportionality for procedures in complex trials; confidentiality orders; expert witnesses and involvement of counsel in drafting expert reports
  • Patent Medicines (Notice of Compliance) Regulations –  new procedures for trials
  • Patents as a Business Asset – security interests and assignments


Practice Area:
Intellectual Property Law


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