Free World Trust v Électro Santé Inc
| Free World Trust v Électro Santé Inc | |
|---|---|
| Hearing: December 14, 1999 Judgment: December 15, 2000 | |
| Citations | [2000] 2 S.C.R. 1024, 2000 SCC 66 |
| Docket No. | 26406 |
| Ruling | Appeal dismissed. |
| Court membership | |
| Chief Justice: Antonio Lamer Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Beverley McLachlin, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour | |
| Reasons given | |
| Unanimous reasons by | Binnie J. |
| Lamer C.J. and Arbour J. took no part in the consideration or decision of the case. | |
Free World Trust v Électro Santé Inc, [2000] 2 S.C.R. 1024, 2000 SCC 66, is a leading Supreme Court of Canada decision on patents, namely claim construction and the necessity to identify essential elements and non-essential elements. Along with the related decision, Camco v. Whirlpool (2001), 9 C.P.R. (4th) 129 (SCC), the Supreme Court of Canada rejected the doctrine of equivalents applied in the United States and adopted the doctrine of purposive construction, as originally applied by the United Kingdom House of Lords in Catnic v. Hill & Smith. This was a landmark decision as it resolved the uncertainty in Canadian case law between the two doctrines.
The Court also articulated the scope of protection provided by patents and the requirements for infringement.