spacer
home > ebr > summer 2003 > the baker case and eight-part test for considering disclosure by prior use or sale
PUBLICATIONS
European Biopharmaceutical Review

The Baker Case and Eight-Part Test for Considering Disclosure by Prior Use or Sale

Section 28.2 (1) of the Canadian Patent Act states the following:

28.8(1) The subject-matter defined by a claim in an application for a patent in Canada (the "pending application") must not have been disclosed

(a) more than one year before the filing date by the applicant, or by a person who obtained knowledge, directly or indirectly, from the applicant, in such a manner that the subject-matter became available to the public in Canada or elsewhere;

In Canada, the following acts constitute anticipation, that is, prior disclosure of the claimed invention. A prior publication, public use, oral disclosure or sale (or offer to sell, if accompanied by sufficient detail of what is offered) are together referred to as 'anticipation'. In Canwell Enviro-Industries Ltd. v. Baker Petrolite Corp.1, the Federal Court of Appeal considered whether prior sale constituted anticipation and therefore invalidated the plaintiff's (Petrolite) patent. Rothstein J put forth an eight-part test that can be followed to determine if prior sale, occurring more than one year prior to the filing of a Canadian Patent invalidates the patent.

The Facts Surrounding the Case


Read full article from PDF >>

Rate this article You must be a member of the site to make a vote.  
Average rating:
0
     

There are no comments in regards to this article.

spacer
By Nika V Ketis, Lawyer at Bennett Jones

Dr Nika V Ketis practices corporate and commercial, intellectual property and technology law (with a focus on patents, registration, licensing and enforcement) as an Associate at Bennett Jones, and as a member of the Law Society of Ontario. Her practice focuses on the biotechnology, university, not-for-profit and health care sectors.

Dr Ketis currently serves as Chair of the Education Committee of Toronto Biotechnology Initiative (TBI), serves on the IPIC (Intellectual Property Institute of Canada) Licensing Committee and serves on the Steering Committee for the National Diploma Program in Biotechnology of the Biotechnology Human Resource Council (BHRC).

spacer
Nika V Ketis
spacer
spacer
Print this page
Send to a friend
Privacy statement
News and Press Releases

AirBridgeCargo expands its passive pharma solutions in partnership with SkyCell as it achieves the two-fold volume increase

AirBridgeCargo expands its passive pharma solutions in partnership with SkyCell as it achieves the two-fold volume increase AirBridgeCargo Airlines (ABC), one of the leaders in transportation of pharmaceutical products by air, and Zurich-based cold-chain ULD manufacturer SkyCell have sealed their partnership for the lease of all types of SkyCell containers to meet the demand for evolving volumes of passive pharmaceutical shipments, which reached around 3,500 tonnes for 1Q 2019 YOY and demonstrated a two-fold increase.
More info >>

White Papers

Trial Timelines

Thomson Reuters

Save resources with accurate trial length projections. How analytics based on curated content can deliver insight for clinical strategies.
More info >>

 
Industry Events

CPhI Korea

21-23 August 2019, COEX, Seoul, South Korea

CPhI Korea provides a dynamic meeting place for a wide range of industry suppliers to engage with purchasers and decision makers from the pharmaceutical industry in Korea and the surrounding region. The exhibition showcases the whole pharma supply chain from ingredients, contracting services to machinery and biopharmaceuticals. It also hosts an extensive conference programme covering the latest trends and topics within the regional market.
More info >>

 

 

©2000-2011 Samedan Ltd.
Add to favourites

Print this page

Send to a friend
Privacy statement