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Patent specifications must adequately describe the invention for a person skilled in the art.
The appellant, owner of two patents for waferboard and wafers, sued the respondent for patent infringement.
The respondent challenged the validity of the patents on several grounds, including failure to comply with the disclosure requirements of s. 36(1) of the Patent Act, anticipation, and double patenting.
The Supreme Court of Canada allowed the appeal, holding that the patents were valid and infringed.
The Court clarified that s. 36(1) requires the specification to adequately describe the invention for a person skilled in the art, not the general public, and does not require a distinct indication of the invention's utility.
