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

Continuing Sustainability Efforts, Neopac Moves Toward Mono-Material Barrier Tubes Designed for Recyclability

Oberdiessbach, Switzerland Hoffmann Neopac, a global provider of high-quality packaging for a broad array of industries and applications, has announced its latest sustainability initiative: developing mono-material barrier tubes that provide exemplary protection for cosmetics, food and pharma products while being compatible with existing recycling processes.
More info >>

White Papers

Quality By Design

Biopharma Group

Quality by Design (QbD) is a systematic approach to development that begins with the defined objectives and emphasizes science and quality risk management in order to achieve those goals. QbD ensures that the quality of the product is built into production processes from the outset, rather than being tested after development has already commenced.
More info >>

 
Industry Events

Formulation and Drug Delivery Series UK

8-9 July 2020, Oxford Global

This event brings together leading formulation, drug delivery and biologics manufacturing experts from around the world across two days. The panel of prominent industry leaders and world-leading scientists will share the latest case studies, innovative developments for novel therapeutic products and strategies for drug development.
More info >>

 

 

©2000-2011 Samedan Ltd.
Add to favourites

Print this page

Send to a friend
Privacy statement