Selection Patent
A selection patent is a patent granted for a particularly advantageous subset of a larger group of otherwise known entities.
For example, where a new class of chemical compound is discovered, a patent application may be filed for the class (referred to as the genus patent). Later, if it is discovered that a subset or selection of these chemical compounds shows unexpected suitability for a particular application, a second patent application may be filed claiming the selection and disclosing the previously unknown and unexpected characteristic. A selection patent therefore selects a subset of a previously known group of entities and distinguishes them based on a previously unknown property that is (more or less) unique to that subset.
August 18, 2022
2022 FCA 142: The Court also commented on the relevant date for determining if an invention has been sufficiently described in the patent application.
June 30, 2022
2022 FCA 118: The appeal court saw no reason to interfere with a trial court decision that favoured MEG Energy in its ongoing patent dispute with inventor Jason Swist.
September 19, 2017
2016 FC 857 - The FC granted Gilead’s application for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex in respect of its Notice of Allegation until the expiry of Gilead’s Canadian patent.