Double Trouble: Canadian Courts Continue to Clarify the Law on Double Patenting : The risk of a double patenting finding may be receding as long as evergreening is avoided.
Double Trouble: Canadian Courts Continue to Clarify the Law on Double Patenting : The risk of a double patenting finding may be receding as long as evergreening is avoided.
Since the Supreme Court of Canada decision in Camco Inc. v Whirlpool Corp. double patenting has been a common challenge to patent validity. Unfortunately, the Canadian Patent Act provides little guidance as to the scope and application of the prohibition, but recent judicial decisions have attempted to clarify what is effectively a judge-made law.