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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.
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.
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]
[4] [5] The sufficiency of the disclosure, with any valid amendments made to it, is judged at the patent's claim date. [5] The disclosure must be fair, honest, open and sufficient. [5] If a person skilled in the art can arrive at the same results only through chance or further long experiments, the disclosure is insufficient and the patent is ...
In Canadian patent law, only “inventions” are patentable. Under the Patent Act, [1] only certain categories of things may be considered and defined as inventions. . Therefore, if a patent discloses an item that fulfills the requirements of novelty, non-obviousness and utility, it may nonetheless be found invalid on the grounds that it does not fall within one of the statutory categories of ...
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