In a move that surprised many in the IP community, a budget bill that received royal assent before the holidays, introduced file wrapper estoppel to Canadian patent law.
Bill C-86 (link) included a number of changes to intellectual property legislation including enacting the College of Patent Agents and Trade-mark Agents Act, reforming the Copyright Board, and numerous amendments to the Patent Act, Trade-marks Act and Copyright Act.
One of the changes to the Patent Act, allows for the patent file wrapper or file history to be used to rebut claim construction of a patent. The file wrapper refers . . . [more]