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ARTICLE · 06 JANUARY 2012

Misstatements And Inequitable Conduct In Canada After Weatherford

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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In Canada, there are two main provisions in the Patent Act which relate to the conduct of a party when obtaining a patent. Section 53(1) relates to misrepresentations to the Patent Office and section 73(1)(a) relates to good faith responses to the Examiner.

CanadaIntellectual Property

In Canada, there are two main provisions in the Patent Act which relate to the conduct of a party when obtaining a patent. Section 53(1) relates to misrepresentations to the Patent Office and section 73(1)(a) relates to good faith responses to the Examiner. The provisions read as follows:

53. (1) A patent is void if any material allegation in the petition of the applicant in respect of the patent is untrue, or if the specification and drawings contain more or less than is necessary for obtaining the end for which they purport to be made, and the omission or addition is willfully made for the purpose of misleading.

73. (1) An application for a patent in Canada shall be deemed to be abandoned if the applicant does not

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