What is the difference between performing a patent and ascertaining how the patent works?
Canada (Federal), Canada
The following excerpt is from Sanofi-Aventis Canada Inc. v. Ratiopharm Inc., 2010 FC 230 (CanLII):
American Home Products v. Novartis Pharmaceuticals, [2001] R.P.C. 8 (Eng C.A.) at paragraph 40 described the difference between performing a patent and ascertaining how the patent works: There is a difference between on the one hand a specification which requires the skilled person to use his skill and application to perform the invention and, on the other, a specification which requires the skilled person to go to the expense and labour of trying to ascertain whether some product has the required properties. When carrying out the former the skilled person is trying to perform the invention, whereas the latter requires him to go further and to carry out research to ascertain how the invention is performed. If the latter is required the specification would appear to be insufficient.
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