Federal Court of Appeal Follows Supreme Court in Claim Construction
Claim construction is a hot topic within the patent community at this time, with many practitioners seeking clarity on how to reconcile the Canadian Intellectual Property Office’s (CIPO’s) recent guidelines regarding claim construction, particularly in relation to medical diagnostics and computer implemented inventions, with the law as set down by the Canadian Courts. This Federal Court of Appeal case (ABB v. Hyundai, 2015 FCA 181) appears to affirm the Supreme Court’s position on claim construction, which notes that the Patent Act promotes adherence to the language of the claims read in an informed and purposive way (Free World Trust v. Électro Santé (2000 SCC 66)).Read More →