What is the test for a patent application?
Nova Scotia, Canada
The following excerpt is from Crewe (Re), 2007 NSSC 322 (CanLII):
The first question is the appropriate level of review – correctness, reasonableness or patent unreasonableness. To determine the level of review I must use the pragmatic and functional approach as set out in Pushpanathan v. Canada, 1998 CanLII 778 (SCC), [1998] 1 S.C.R. 982 by weighing the four factors.
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