Canadian Intellectual Property Review

Disclaimer: Does it Still Work in the Modern Patent Litigation Context?

Issue: Volume 26 no 2
Author(s): Dale E. Schlosser

Abstract:

Disclaimer, reissue, re-examination, and correction are available for addressing deficiencies in issued patents. After little activity since 1976, disclaimers have recently been the subject of scrutiny by the courts, adding significantly to the jurisprudence regarding validity. This article reviews the statutory history of the disclaimer section of the Patent Act since 1970, while discussing recent cases.

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Volume 26 no 2

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The Rule Against Abstract Claims: History and Principles 0	$4.99 + tax
Let Me Help You With That: Inducing Patent Infringement in Canada 0	$4.99 + tax
Canada Now Open For Business: The Patentability of Business Methods in Canada after Amazon.com 0	$4.99 + tax
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The Patentability of Pharmaceutical Dosage Regimes in Canada 0	$4.99 + tax
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Obviously Different: Technological Divergences and the Spectrum of Obviousness 0	$3.99 + tax
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