Un nouveau test en 3 parties pour la nouveauté de brevets au Canada?

Wenzel Downhole Tools Ltd v National-Oilwell Canada Ltd 2011 FC 1323, 98 CPR(4th) 155, Snider J

L’extrait pertinent du test:

The first branch of the test is disclosure. The question of disclosure raises three distinct sub-issues:

1. Does the prior art contain the subject matter defined by the ‘630 claims?
2. Was the prior art disclosed before the ‘630 Patent claim date?
3. Was the disclosure of the subject matter of the ‘630 Patent available to the public?
[95] Only if the answer to all of these questions is affirmative, will the Defendants be able to establish the first branch of the test set out in Sanofi-Synthelabo, above.

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