Thursday, July 18, 2019

Revised Paper on Overbreadth In Canadian Patent Law

I have just posted a revised version of my draft paper on Overbreadth In Canadian Patent Law. In the earlier version I had somehow overlooked Apotex v AstraZeneca 2017 FCA 9, a key FCA decision on the “roads to Brighton” problem. That section of the paper is re-written, but my overall conclusions are not changed; on the contrary, Apotex v AstraZeneca strengthens my view that overbreadth is not required as an independent ground of invalidity

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