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Federal Court clarifies duty of candour owed during prosecution of patent applications

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 27 2009

In a recent Federal Court decision of Lundbeck Canada Inc. v. Ratiopharm Inc., 2009 FC 1102 dated November 23, 2009, Justice Mactavish clarified the duty of candour owed by an applicant pursuant to s. 73(1)(a) of the Patent Act