Dispatch From Canada: Use Disclaimers With Caution
August 25, 2010, 5:44 PM EDT
Law360, New York (August 25, 2010, 5:44 PM EDT) -- In a unanimous decision released on July 19, the Federal Court of Appeal in Canada confirmed a 2009 Federal Court ruling, which held that a disclaimer cannot be used to broaden the scope of a patent and must necessarily result from a good-faith mistake, accident or inadvertence in the original patent specification.
This case related to electronic circuitry, more specifically opto-couplers used in electronic alarm panels for isolating the circuitry from outside interference or electrical surges. The two patents-at-issue claimed certain allegedly novel means for isolating...