Patent Act

Marginal note:Admissible in evidence

• 53.1 (1) In any action or proceeding respecting a patent, a written communication, or any part of such a communication, may be admitted into evidence to rebut any representation made by the patentee in the action or proceeding as to the construction of a claim in the patent if

  • (a) it is prepared in respect of

    • (i) the prosecution of the application for the patent,

    • (ii) a disclaimer made in respect of the patent, or

    • (iii) a request for re-examination, or a re-examination proceeding, in respect of the patent; and

  • (b) it is between

    • (i) the applicant for the patent or the patentee; and

    • (ii) the Commissioner, an officer or employee of the Patent Office or a member of a re-examination board.

• Marginal note:Divisional application

  (2) For the purposes of this section, the prosecution of a divisional application is deemed to include the prosecution of the original application before that divisional application is filed.

• Marginal note:Reissued patent

  (3) For the purposes of this section, a written communication is deemed to be prepared in respect of the prosecution of the application for a reissued patent if it is prepared in respect of

  • (a) the prosecution of the application for the patent that was surrendered and from which the reissued patent results; or

  • (b) the application for reissuance.