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Published on: December 23, 2022
Canada's Supreme Court abolishes 'promise of the patent'
1Gowling WLG (Canada) LLP, Ottawa, Ontario K1P 1C3, Canada.
Abstract:
The Supreme Court of Canada has done away with the 'promise of the patent' doctrine. This doctrine invalidated patents to numerous otherwise useful inventions from 2005 to 2016. The Supreme Court of Canada has clarified that the statutory utility requirement requires only a scintilla of utility related to the subject matter of the invention. This utility must have been demonstrated or soundly predicted as of the Canadian filing date. The decision brings increased certainty to Canada's patent system and more closely aligns it with international norms.
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