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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.
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.
Once an invention is patented in Canada, exclusive rights are granted to the patent holder as defined by s.42 of the Patent Act (R.S.C., 1985, c. P-4). [1] Any interference with the patent holder's "full enjoyment of the monopoly granted by the patent" is considered a patent infringement. [2] Making, constructing, using, or selling a patented ...
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 ...
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.
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 ...
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 ...
Monsanto Canada Inc v Schmeiser [2004] 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights for biotechnology, between a Canadian canola farmer, Percy Schmeiser, and the agricultural biotechnology company Monsanto. The court heard the question of whether Schmeiser's intentionally growing genetically modified ...