Prior Art and Patentability (Canada)

A Practice Note addressing prior art and patentability in Canada, which affects the scope of protection of any patent granted in Canada. This Note provides information useful for patent counsel with responsibility for a global patent portfolio to help them understand the legal analytical framework in Canada for determining the potential patentability of an invention, which a patent applicant may seek to cover. It provides guidance for determining whether a reference document or activity qualifies as prior art in Canada and addresses the novelty requirement, which is assessed through the test for anticipation and obviousness based on the scope of the prior art available in Canada.