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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.
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 ...
Patents were granted without examination since inventor's right was considered as a natural one. Patent costs were very high (from 500 to 1500 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.
When patent litigation is involved (which in year 1999 happened in about 1,600 cases compared to 153,000 patents issued in the same year [98]), costs increase significantly: although 95% of patent litigation cases are settled out of court, [99] those that reach the courts have legal costs on the order of a million dollars per case, not ...
Canadian inventions and discoveries are objects, processes, or techniques—invented, innovated, or discovered—that owe their existence either partially or entirely to a person born in Canada, a citizen of Canada, or a company or organization based in Canada. Some of these inventions were funded by National Research Council Canada (NRCC ...
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]
Inventions for Industry: A history of Canadian Patents and Development Limited and the commercialization of university research in Canada. Scientia Canadensis: Journal of the History of Canadian Science, Technology, and Medicine, 36(2), 1-36.
For a patent to be valid in Canada, the invention claimed therein needs to be new and inventive.In patent law, these requirements are known as novelty and non-obviousness.A patent cannot in theory be granted for an invention without meeting these basic requirements or at least, if a patent which does not meet these requirements is granted, it cannot later be maintained.
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