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Blog Post | TheAngle

Times They Are a Changing! Patentees Proceed with Caution: Courts may use what you say against you!

Fasken
Reading Time 1 minute read
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Traditionally, statements made during prosecution of Canadian patent applications or corresponding foreign patent applications (the “file wrapper”) were not admissible for construing terms in the claims of Canadian patents (so-called “file wrapper estoppel”).  The Supreme Court of Canada even went so far as to refer to file wrapper estoppel as a “pandora’s box”.  In the immortal words of Bob Dylan, however, times they are a … Continue reading Times They Are a Changing! Patentees Proceed with Caution: Courts may use what you say against you! »

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