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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.
Canadian courts have held that the use of a computer in an invention neither lends, nor reduces patentability. Therefore, that an invention involves a computer is not determinative of patentability; instead, whether a computer-using invention is patentable turns on whether that invention meets the general requirements for patentability as would ...
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 ...
The legislation speaks for itself and the actions of the appellant must be measured according to the terms of the statute." However, the Supreme Court of Canada held in Théberge v. Galerie d'Art du Petit Champlain Inc. [3] that Canadian copyright law is primarily utilitarian. It finds its purpose in promoting the public interest through ...
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 ...
Remedies in Canadian patent law generally track both common law and equitable remedies. [2] Equitable remedies include injunctions (both final and interlocutory) and an accounting of profits. Common law remedies include damages aimed at putting the plaintiff in the position he would have occupied had the infringement not occurred.
Official Justice Laws Website of the Canadian Department of Justice; Constitutional Acts, Consolidated Statutes, and Annual Statutes at the Canadian Legal Information Institute; Canadian Constitutional Documents: A Legal History at the Solon Law Archive