Can Novopharm rely on a section of the patent specification in its application application?
Canada (Federal), Canada
The following excerpt is from Janssen-Ortho Inc. v. Canada (Health), 2010 FC 42 (CanLII):
Novopharm relies on the following passage at para. 30 of Dableh v. Ontario Hydro, 1996 CanLII 4068 (FCA), [1996] 3 F.C. 751: It is a matter of settled law that recourse to the disclosure portion of the specification is: (1) permissible to assist in understanding the terms used in the claims; (2) unnecessary where the words are plain and unambiguous; and (3) improper to vary the scope or ambit of the claims. It is equally clear that where the words used in the claims are clear and unambiguous, they must not be narrowed or limited to a patent's preferred embodiment. [cited authorities omitted]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the scope of a section 2(2) of the Human Rights Act, section 3(4) and section 4(5) of The Queen’s Speech to the House of Representatives on the issue of same sex discrimination? (Canada (Federal), Canada)
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
What is the legal test for an application to bring an application under section 4(3) of the Immigration Regulations, and what is the burden of proof? (Canada (Federal), Canada)
What is the test for an application to have a patent that is not a "patent for sale" listed? (Canada (Federal), Canada)
Does the statute of limitation for filing an application under section 2255(f) of the Criminal Code require a year to file the application? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
What is the difference between applications for writ under section 2241 and those under section 2255? (MultiRegion, United States of America)
