Common General Knowledge Archives

April 22, 2015

Determining the Common General Knowledge from the Background of a Patent Upheld as a Reasonable Factual Finding

Newco Tank Corp v Canada (Attorney General) 2015 FCA 47 - The Board made a reasonable factual finding when it found that the background knowledge of the person skilled in the art was described in the background information of a patent. This determination was instrumental in the Board’s determination that the patent was obvious.

October 16, 2014

Federal Court Upholds Re-examination Board’s Decision Invalidating Waste Heat Recycling Claims

Newco Tank Corp v Canada (Attorney General), 2014 FC 287 - The person of ordinary skill in the art was determined to have background knowledge that there was a heat inefficiency problem that the invention seeks to address. The only evidence for this proposition is that it was discussed under the “SUMMARY OF THE INVENTION” heading of the patent.

September 30, 2013

FCA Upholds Trial Judge Decision in Eurocopter.

Bell Helicopter Textron Canada Limitee v Eurocopter [2013 FCA 219] Background In the Federal Court decision Eurocopter v Bell Helicopter Textron Canada Limitee [2012 FC 113] […]