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ARTICLE · 15 DECEMBER 2022

Interpreting Claims In Canadian Patent Law: Purposive Construction And "Essential" Elements

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In Canada, the anatomy of a patent (also known as the specification) consists of four parts: the abstract, the claims, the description and the drawings.

CanadaIntellectual Property
Gregory Forrest
Gregory Forrest
Adam Lakusta
Adam Lakusta
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In Canada, the anatomy of a patent (also known as the specification) consists of four parts: the abstract, the claims, the description and the drawings. Legally and commercially, the most important element is the claims – and a recent court decision has affirmed a long-standing approach on how to interpret patent claims.

The recently decided Benjamin Moore & Co. v Canada (Attorney General), 2022 FC 923 ("Benjamin Moore") further affirmed the two highly influential decisions commenting on claims construction in Free World Trust c Électro Santé Inc, 2000 SCC 66 ("Free World Trust") and Whirlpool Corp. v Camco Inc., 2000 SCC 67 ("Whirlpool"). These decisions emphasized the importance of "purposive construction" and interpreting claims with reference to their "essential" elements.

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