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Whirlpool Corp. V. Camco Inc.
''Whirlpool Corp v Camco Inc'', 0002 S.C.R. 1067; 2000 SCC 67, is a leading Supreme Court of Canada decision on patent claim construction and double patenting. The court adopted purposive construction as the means to construe patent claims. This judgement is to be read along with the related decision, ''Free World Trust v Électro Santé Inc'', 0002 S.C.R. 1066, 2000 SCC 66, where the Court articulated the scope of protection provided by patents. Background Law The Canadian patent system prohibits double patenting, acquiring two patents for the same invention. In order to determine whether an inventor has secured a double patent, courts compare the claims of the patents, searching for identical or conterminous claims. This process is known as "same invention" double patenting. Another type of double patenting, known as "obviousness" double patenting is in no way explained other than "when the second, later set of claims are not patently distinct from the claims of the earlier paten ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) 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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claim (patent)
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, analyzing the data, comparing the analyz ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Patenting
Double patenting is the granting of two patents for a single invention, to the same proprietor and in the same country or countries. According to the European Patent Office, it is an accepted principle in most patent systems that two patents cannot be granted to the same applicant for one invention. However, the threshold for double patenting varies from jurisdiction to jurisdiction. By jurisdiction Australia Australian patent law includes a statutory bar on double patenting to the same inventor, but not to different inventors, for the same invention. Subsection 64(1) firstly grants the Commissioner of Patents a discretion to grant multiple patents for the same invention: :"Subject to this section, where there are 2 or more applications for patents for identical, or substantially identical, inventions, the granting of a patent on one of those applications does not prevent the granting of a patent on any of the other applications." However, Subsection 64(2) prohibits such grant w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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, claime ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Washing Machine
A washing machine (laundry machine, clothes washer, washer, or simply wash) is a home appliance used to wash laundry. The term is mostly applied to machines that use water as opposed to dry cleaning (which uses alternative cleaning fluids and is performed by specialist businesses) or ultrasonic cleaners. The user adds laundry detergent, which is sold in liquid or powder form, to the wash water. History Washing by hand Laundering by hand involves soaking, beating, scrubbing, and rinsing dirty textiles. Before indoor plumbing, individuals also had to carry all the water used for washing, boiling, and rinsing the laundry from a pump, well, or spring. Water for the laundry would be hand carried, heated on a fire for washing, then poured into the tub. That made the warm soapy water precious; it would be reused, first to wash the least soiled clothing, then to wash progressively dirtier laundry. Removal of soap and water from the clothing after washing was a separate process ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Auger (drill)
An auger is a device to drill wood or other materials, consisting of a rotating metal shaft with a blade at the end that scrapes or cuts the wood. Types The classical design has a helical screw blade winding around the bottom end of the shaft. The lower edge of the blade is sharpened and scrapes the wood; the rest of the blade lifts the chips out of the way. It is powered with two hands, by a T-shaped handle attached to the top of the shaft. More modern versions have elaborated auger bits with multiple blades in various positions. Modern versions also have different means to drive the shaft, resulting in various tools such as braces, wheel drills (the "eggbeater" drill), and power drills. See also * Augerino * Gimlet Gimlet may refer to: Arts, entertainment, and media * Gimlet Media, a media network that produces journalistic and narrative podcasts * Gimlet (Transformers), a fictional character * Captain Lorrington "Gimlet" King, a fictional character in a s .. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court (Canada)
The Federal Court (french: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction. History The Court was created on July 2, 2003 by the Courts Administration Service Act' when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the ''Federal Court Act'', subsequently renamed the ''Federal Courts Act''. The Court's authority comes from the ''Federal Courts Act''. On October 24, 2008, the Federal Court was given its own armorial bearings by the Governor General, the third court in Canada to be given its own Coat of Arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in ... [...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 from the appointment of Beverley McLachlin as Chief Justice of Canada The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court sy ... to her retirement in 2017. 2000–2004 2005–2009 2010–2017 See also * List of notable Canadian Courts of Appeals cases {{Supreme Court of Canada (2000-present) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Patent Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
