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Patent Re-examination in Canada
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Patent Re-examination in Canada
The Canadian Patent Office has a procedure for the “re-examination” of a granted patent. However, this procedure is rarely used in Canada for several reasons. Less than half a dozen re-examinations are filed each year. Anyone, including the owner of the patent may request re-examination on the basis of prior art, namely patents, patent applications and printed publications (see s. 48.1 of the Patent Act). The patent office forms a panel that det…
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