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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.
Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. [1] Creators of intellectual property gain rights either by statute or by the common law. [1] Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at ...
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.
The Canadian Intellectual Property Office (CIPO; French: Office de la propriété intellectuelle du Canada, OPIC) is responsible for the administration and processing of the greater part of intellectual property (IP) in Canada. CIPO's areas of activity include patents, trademarks, copyright, industrial designs and integrated circuit topographies.
Under section 42 of the Canadian Patent Act, [1] a patent holder has the exclusive right, liberty and privilege to make, construct, sell and use the invention for the duration of the patent. A defence based on these terms would typically focuses on use, which has been given special attention due to the difficulty of interpreting the term " use ...
For a patent to be valid in Canada, the invention claimed therein needs to be new and inventive.In patent law, these requirements are known as novelty and non-obviousness.A patent cannot in theory be granted for an invention without meeting these basic requirements or at least, if a patent which does not meet these requirements is granted, it cannot later be maintained.
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. [1] In most countries, patent rights fall under private law and the patent holder must sue someone ...
Binnie J., joined by McLachlin, Major, Arbour JJ. Harvard College v Canada (Commissioner of Patents)[2] is a leading Supreme Court of Canada case concerning the patentability of higher life forms within the context of the Patent Act. [3] At issue was the patentability of the Harvard oncomouse, a mouse that had its genome genetically altered by ...