1 October 2011Jurisdiction reportsVictoria Carrington

Federal court of appeal provides welcome clarity in patent validity challenges

In its July 18, 2011 decision in Weatherford Canada Ltd v Corlac Inc (2011 FCA 228), the Canadian Federal Court of Appeal (FCA) firmly established that the validity of issued patents cannot be challenged on the basis of misrepresentations to the patent office pursuant to Section 73(1)(a) of the Patent Act.

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