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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 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 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.
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 ...
In Canadian patent law, only “inventions” are patentable. Under the Patent Act, 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 ...
Section 28.2 (1) of the Patent Act explicitly codifies the novelty requirement. [2] 28.2 (1) The subject-matter defined by a claim in an application for a patent in Canada (the “pending application”) must not have been disclosed. (a) more than one year before the filing date by the applicant, or by a person who obtained knowledge, directly ...
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 ...
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