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Foreign Prosecution History: To Admit, Or Not To Admit, That Remains a Puzzle To Canadian Courts

Canadian Intellectual Property Blog

of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. and whether it should cover communications between patentees and foreign patent offices. TA Foods Ltd. 2021 FCA 7 Section 53.1