What is the test for disclosure by prior use?
Canada (Federal), Canada
The following excerpt is from Wenzel Downhole Tools Ltd. v. National-Oilwell Canada Ltd., 2012 FCA 333 (CanLII):
In this case, to establish disclosure by prior use required submitting evidence that either the operation of the equipment would itself allow for enabling disclosure (as in the case of Lux), or that the skilled person would have been capable of accessing and analyzing the inner workings of the equipment without undue burden, as in the case of Fisons v. Packard.
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