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Free World Trust V Électro Santé Inc
''Free World Trust v Électro Santé Inc'', 0002 S.C.R. 1024, 2000 SCC 66, is a leading Supreme Court of Canada decision on patents, namely claim construction and the necessity to identify essential elements and non-essential elements. Along with the related decision, '' Camco v. Whirlpool'' (2001), 9 C.P.R. (4th) 129 (SCC), the Supreme Court of Canada rejected the doctrine of equivalents applied in the United States and adopted the doctrine of purposive construction, as originally applied by the United Kingdom House of Lords in '' Catnic v. Hill & Smith''. This was a landmark decision as it resolved the uncertainty in Canadian case law between the two doctrines. The Court also articulated the scope of protection provided by patents and the requirements for infringement. Background Electro-magnetic therapeutic system is the English title of Canadian Patent 1,113,156 which was issued in 1981. The inventors Dr. Roland A. Drolet and Gaetan Charland, both from Canada, claimed that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposive Theory
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in ''Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. Princeton University Press (New Jersey), 2005, p. 88 Barak states that the subj ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electromagnetic Therapy
Electromagnetic therapy or electromagnetic field therapy is therapy involving the use of electromagnetic radiation to alter neuronal activity.Val Danilov I (2023). "The Origin of Natural Neurostimulation: A Narrative Review of Noninvasive Brain Stimulation Techniques." ''OBM Neurobiology'' 2024; 8(4): 260; https://doi:10.21926/obm.neurobiol.2404260. This subfield of neurotherapy uses medical devices, such as magnets or electromagnets to treat mental and physical health disorders in patients. Types include : *Bioelectromagnetics, the study of how electromagnetic fields interact with and influence biological processes. *Electrotherapy, the use of electrical or electromagnetic energy in medicine; * Electromagnetic therapy (alternative medicine), the use of electromagnetic radiation to treat disease. Evidence of efficacy is lacking. * Pulsed electromagnetic field therapy, or PEMF, the use of weak electromagnetic fields to initiate osteogenesis. * Alternating electric field therapy, al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electromagnetic Induction
Electromagnetic or magnetic induction is the production of an electromotive force, electromotive force (emf) across an electrical conductor in a changing magnetic field. Michael Faraday is generally credited with the discovery of induction in 1831, and James Clerk Maxwell mathematically described it as Faraday's law of induction. Lenz's law describes the direction of the induced field. Faraday's law was later generalized to become the Maxwell–Faraday equation, one of the four Maxwell's equations, Maxwell equations in his theory of electromagnetism. Electromagnetic induction has found many applications, including electrical components such as inductors and transformers, and devices such as electric motors and electric generator, generators. History Electromagnetic induction was discovered by Michael Faraday, published in 1831. It was discovered independently by Joseph Henry in 1832. In Faraday's first experimental demonstration, on August 29, 1831, he wrapped two wires aro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electromagnetic Radiation
In physics, electromagnetic radiation (EMR) is a self-propagating wave of the electromagnetic field that carries momentum and radiant energy through space. It encompasses a broad spectrum, classified by frequency or its inverse, wavelength, ranging from radio waves, microwaves, infrared, visible light, ultraviolet, X-rays, and gamma rays. All forms of EMR travel at the speed of light in a vacuum and exhibit wave–particle duality, behaving both as waves and as discrete particles called photons. Electromagnetic radiation is produced by accelerating charged particles such as from the Sun and other celestial bodies or artificially generated for various applications. Its interaction with matter depends on wavelength, influencing its uses in communication, medicine, industry, and scientific research. Radio waves enable broadcasting and wireless communication, infrared is used in thermal imaging, visible light is essential for vision, and higher-energy radiation, such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magnetic Fields
A magnetic field (sometimes called B-field) is a physical field that describes the magnetic influence on moving electric charges, electric currents, and magnetic materials. A moving charge in a magnetic field experiences a force perpendicular to its own velocity and to the magnetic field. A permanent magnet's magnetic field pulls on ferromagnetic materials such as iron, and attracts or repels other magnets. In addition, a nonuniform magnetic field exerts minuscule forces on "nonmagnetic" materials by three other magnetic effects: paramagnetism, diamagnetism, and antiferromagnetism, although these forces are usually so small they can only be detected by laboratory equipment. Magnetic fields surround magnetized materials, electric currents, and electric fields varying in time. Since both strength and direction of a magnetic field may vary with location, it is described mathematically by a function assigning a vector to each point of space, called a vector field (more precisely ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (McLachlin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ... from the appointment of Beverley McLachlin as Chief Justice of Canada to her retirement in 2017. 2000–2004 2005–2009 2010–2017 See also * List of notable Canadian Courts of Appeals cases {{DEFAULTSORT:Supreme Court of Canada cases (McLachlin Court) (2000-present) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Skilled Person
A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary) skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a skilled person is a legal fiction found in many patent laws throughout the world. This hypothetical person is considered to have the normal skills and knowledge in a particular technical field (an "art"), without being a genius. This measure mainly serves as a reference for determining, or at least evaluating, whether an invention is non-obvious or not (in U.S. patent law), or involves an inventive step or not (in European patent laws). If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable. In some patent laws, the person skilled in the art is also used as a reference in the context of other criteria, for instance in order to determine whether an invention is sufficiently ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Research And Development
Research and development (R&D or R+D), known in some countries as OKB, experiment and design, is the set of innovative activities undertaken by corporations or governments in developing new services or products. R&D constitutes the first stage of development of a potential new service or the production process. Although R&D activities may differ across businesses, the primary goal of an R&D department is to new product development, develop new products and services. R&D differs from the vast majority of corporate activities in that it is not intended to yield immediate profit, and generally carries greater risk and an uncertain return on investment. R&D is crucial for acquiring larger shares of the market through new products. ''R&D&I'' represents R&D with innovation. Background New product design and development is often a crucial factor in the survival of a company. In a global industrial landscape that is changing fast, firms must continually revise their design and range of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Act (Canada)
The ''Patent Act'' () is Canadian federal legislation and is one of the main pieces of Canadian legislation governing patent law in Canada. It sets out the criteria for patentability, what can and cannot be patented in Canada, the process for obtaining a Canadian patent, and provides for the enforcement of Canadian patent rights. Purpose The purpose of a patent is to protect inventions. Patents provide the owner of a patent with the exclusive right to make, use and sell a patented invention. s 42. These restrictions form a system of encouraging economic and technical growth. The patent is a contract between the inventor and the government who represents society. The inventor obtains a monopoly limited to a 20-year term of producing and selling the patent. Society gains disclosure of the inven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called "substantive examination" of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be considered ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
