Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
5.
Patent enforceability
5.1
What makes a patent unenforceable?
 
Canada
The primary grounds upon which a patent may be held to be unenforceable are laches and acquiescence on the part of the patentee.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP
5.2
What are the inequitable conduct standards?
 
Canada
Canada does not have a doctrine of inequitable conduct as it applies to patents.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP
5.3
What duty of candour is required of the patent office?
 
Canada
The Patent Act provides that an applicant must reply in good faith to any requisition issued by an examiner during examination of an application. Aside from that obligation, there is no general duty of candour imposed on an applicant during prosecution of a patent application.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP