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Patented Medicine Prices Review Board office in Ottawa. Bill C-22, which was passed in 1987, established a compulsory licensing system under which drug patent holders were required to allow competing drug manufacturers to import their patented drug in exchange for a very modest 4% royalty, which resulted in an increase in the market share of generic drugs.
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.
The Patent Act (French: Loi sur les brevets) is Canadian federal legislation and is one of the main pieces of Canadian legislation governing patent law in Canada.It sets out the criteria for patentability, what can and cannot be patented in Canada, the process for obtaining a Canadian patent, and provides for the enforcement of Canadian patent rights.
A patent gives inventors the right to exclude others from making, using, or selling an invention. A patented invention must be something new, useful, and ingenious. Patents can be obtained for products, apparatuses, manufacturing processes, chemical compositions, and significant improvements to existing inventions.
A patent is an exclusive right granted for an invention, such as a product or a process. CIPO administers the Patent Act and Patent Rules. [15] More specifically, the Patent Branch is responsible for processing filings, conducting examinations and approving or refusing applications. [15]
Patent Appeal Board [6] patent law: 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 ...
In Canada, patents are governed by the Patent Act.Section 42 of the Patent Act establishes the rights of a patent holder: 42. Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall, subject to this Act, grant to the patentee and the patentee’s legal representatives for the term of the patent, from the granting of ...
To be valid, a patent's usefulness must be established, whether by demonstration or by sound prediction, at the time of the patent application. Any evidence of utility after this date is irrelevant, regardless of when the patent's validity is challenged. Later proof of an invention's inutility can be used to invalidate a patent. [6]