Osgoode Hall Review of Law and Policy


Anna Wilkinson

Document Type


English Abstract

This paper will consider the principle grounds on which the validity of selection patents are attacked, namely anticipation, obviousness, double patenting, lack of utility and insufficiency, with a view to exploring the doctrinal underpinnings for challenging a selection patent as an “improper selection”. As will be discussed further below, “improper selection” comfortably fits within existing grounds of invalidity and, in particular, obviousness, lack of utility and, surprisingly, ambiguity.