Article ‘Challenging a Canadian patent by re-examination’ Published in The Patent Lawyer
“Patent re-examination is the only process available in the Canadian Patent Office to challenge a Canadian patent. There can be success in killing a patent in a Canadian re-examination, as reported here. In that case, a patent was revoked on the basis of obviousness. However, re-examinations are rarely instituted in Canada, unlike in the United States where there have been over 15,000 ex parte reexamination requests historically. As well, hundreds of US Inter Partes Review (IPR) petitions are filed yearly. There is no inter partes (multi-party) review in the Canadian Patent Office.”
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