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The court found in favour of the government, ruling that the application did not disclose a patentable invention. The court started by observing that a mathematical formula would fall within the phrase "mere scientific principle or abstract theorem", then in section 27(8) of the Patent Act, [7] for which "no patent shall issue". [8]
This category contains Canadian case law regarding patents. Pages in category "Canadian patent case law" The following 14 pages are in this category, out of 14 total.
[14] [15] If a trademark application is refused, there is a right of appeal to the Federal Court of Canada. [ 14 ] [ 15 ] If a trademark application is approved, the Trademarks and Industrial Design Branch is also responsible for advertising it in the Trademarks Journal and, ultimately, processing the registration and renewal of the trademark.
Under the Constitution Act, 1867, patent and copyright law are the exclusive jurisdiction of the Federal Government of Canada. [1] While trademarks and industrial design are not specifically mentioned by the Constitution Act, the federal government has enacted legislation governing both.
Canadian patent law is the legal system regulating the granting of patents for inventions within Canada, and the enforcement of these rights in Canada.. A 'patent' is a government grant that gives the inventor—as well as their heirs, executors, and assignees—the exclusive right within Canada to make, use, and/or sell the claimed invention during the term of the patent, subject to adjudication.
Fauteux C.J., Abbott J., Judson J., and Spence J. took no part in the consideration or decision of the case. Tennessee Eastman Co v Canada (Commissioner of Patents) , [1974] S.C.R. 111, is a leading Supreme Court of Canada authority for the proposition that medical or therapeutic methods are not patentable in Canada.
The Patent Appeal Board of the Canadian Intellectual Property Office, headed by the Commissioner of Patents, is an advisory body primarily concerned with the "review of rejected applications, the review of rejected applications for the reissue of a patent, and determinations of first inventorship in patent conflict situations."
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices.
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