What is the proper approach for determining issue for the purposes of s.6(5)(a) of the Regulations?
Canada (Federal), Canada
The following excerpt is from Nycomed Gmbh v. Canada (Health), 2008 FC 330 (CanLII):
With respect to the proper approach for the determination of the listing issue for the purposes of s.6(5)(a) of the Regulations, there must be a “relationship” or relevance between the “patented invention” described in the patent in issue, and the NOC against which the patent is listed on the patent register. Without such “nexus” or “relationship”, the patent is not eligible for inclusion on the patent register (Wyeth v. Canada, 2007 FC 340).
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