Mr Cameron Weir

Cameron Weir


Intellectual Property

'Obvious to try' test: how and when is it applied?
Canada | 17 August 2015

Over the years, the test for obviousness in Canada has evolved into a step-by-step inquiry that now requires consideration, in at least some instances, of whether an invention was 'obvious to try' to a skilled person at the claim date. This update addresses the factors that Canadian courts look to in assessing the issue and consider in what circumstances an obvious to try analysis is most relevant.

Where are all the patent re-examinations in Canada?
Canada | 13 January 2014

Re-examination is the only post-grant procedure available in the Canadian Patent Office that allows a third party to challenge the validity of a Canadian patent, but thus far it is seldom used. This update provides some background on the process, discusses its limitations and compares and contrasts re-examination to the other main post-grant procedure for attacking an issued patent in Canada – patent impeachment.