Dispatch From Canada: Use Disclaimers With Caution

Law360, New York (August 25, 2010, 5:44 PM EDT) -- In a unanimous decision released on July 19[1], the Federal Court of Appeal in Canada confirmed a 2009 Federal Court ruling[2], 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...
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