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The 411 On File Wrapper Estoppel In Canada - Intellectual Property

To print this article, all you need is to be registered or login on Mondaq.com. In Canada, it has long been understood that when it comes to the construction of claims in a patent litigation matter, only information provided by the four corners of the specification was admissible in the court proceeding. This means that the claims were purposively construed with a mind willing to understand and based on the teachings of the description. More than 20 years ago, the highest court in Canada affirmed that allowing extrinsic evidence, in the form of admissions made during the prosecution of the Canadian patent

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