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Utility under Canadian Patent Law and the Doctrine of Sound Prediction

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Claire Palmer -- In Canada, for subject matter to be patentable, it must be novel, inventive, and have utility. A patent will fail for lack of utility if it can be shown that "the invention will not work, either in the sense that it will not operate at all or, more broadly, that it will not do what the specification promises that it will do" (Consolboard Inc. v. MacMillan Bloedel (Saskatchewan) Ltd., (1981) 56 CPR (2d) 145 (S.C.C.)). At the time a patent is applied for, the inventor must be in a position to establish utility, "on the basis...

Full post as published by Patent Docs on June 22, 2009 (boomark / email).