What is the purposive approach to patent litigation?
Canada (Federal), Canada
The following excerpt is from Pfizer Canada Inc. v. Canada (Health), 2007 FCA 209 (CanLII):
The aim of the purposive approach is to give meaning to the claim of a patent. Those claims which exceed the scope of the invention or the description of the patent’s specification are invalid; see Farbwerke Hoechst v. Commissioner of Patents, supra. Accordingly, I am satisfied that the Applicants have failed to show that the allegation of invalidity, on the basis of overly broad claims, is not justified.
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