Can the Patent Office comment on the validity and interpretation of issued patents?
Issued patents granted by the Patent Office are presumed valid under subsection 43(2) of the Patent Act. Employees of the Patent Office cannot comment on the validity of any issued patent, discuss how claims of any issued patent should be interpreted, or express a view as to whether they would be infringed by any proposal presented.
Any member of the public requesting information of this type is advised to seek advice from a registered patent agent or a patent lawyer.
