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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.
Inventions must also be non-obvious as provided in section 28.3. [2] Inventions must also fall into one of the five categories of patentable subject matter found in the definition of "invention" above. The Patent Act has an additional prohibition in section 27(8) that "No patent shall be granted for any mere scientific principle or abstract ...
No official patent act followed until about 30 years later when Upper and Lower Canada enacted patent acts in the 1820s. [2] The provinces of Canada held responsibility for patents within their boundaries The British North America Act established that patents were a federal responsibility. The first federal Patent Act was created in 1869. This ...
Canada's emergency legislation on the coronavirus crisis gives the health minister powers to circumvent patent law and ensure medical supplies, medication or vaccines can be produced locally. The ...
Patents may not generally be obtained for scientific principles, abstract theorems, ideas, methods of conducting business, computer programs, and medical treatments. Some exceptions have been made. Patents are protected in Canada by the Patent Act (R.S.C., 1985, c. P-4). [5]
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. [16] More specifically, the Patent Branch is responsible for processing filings, conducting examinations and approving or refusing applications. [16]
Patents were granted without examination since inventor's right was considered as a natural one. Patent costs were very high (from 500 to 1,500 francs). Importation patents protected new devices coming from foreign countries. The patent law was revised in 1844 – patent cost was lowered and importation patents were abolished. [20]
A patent holder in Canada has the exclusive right, privilege and liberty to making, constructing, using and selling the invention for the term of the patent, from the time the patent is granted. [1] Any person who does any of these acts in relation to an invention without permission of the patent owner is liable for patent infringement.
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