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Federal Court of Appeal splits over anticipation in Wenzel v. National Oil

January 27, 2013

The Federal Court of Appeal recently released a split decision on the issue of anticipation through prior use of an invention.  The majority affirmed the trial-court decision that the public must simply have the theoretical opportunity to access the prior art invention in order to constitute an anticipatory…

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accelerated examination, accounting of profits, anticipation, assignments, confusion, copyright, costs, duty of disclosure, early disclosure, fintech, graphical user interfaces, industrial design, inventorship, open source, opposition, patentable subject matter, patents, prior use rights, promises of the patent, software patents, sufficient disclosure, Technological Protection Measures, TPM, trade secrets, trademarks


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