IP Update
 

Understanding the similarities and differences of priority claims in Canada and the U.S.

by Neil Padgett

A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration. The recent decision of the U.S. Federal Circuit in Yeda Research and Development Co v Abbott GmbH & Co is a reminder of the importance of ensuring the validity of priority claims so that the associated benefits can be attained. Indeed, a valid priority claim is similarly important when filing in Canada, making it important to understand both the similarities and the differences between Canada and the U.S., when it comes to making a priority claim.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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