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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.
Learn about the Canadian federal legislation that governs patent law in Canada. Find out the history, purpose, criteria, process and enforcement of patents in Canada.
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 ...
A Supreme Court of Canada case on patent rights for biotechnology, between a canola farmer and Monsanto. The court ruled that Schmeiser's intentional growing of GM canola infringed Monsanto's patent, but he did not have to pay damages or fees.
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.
On March 8, 2013, the Canadian Patent Office announced changes in patent examination practice based on the ruling in the Amazon.com case. The Patent Office published new guidelines for the determination of statutory subject matter based on a purposive construction of claims as guided in Amazon.com. [15] Concurrently, updated guidance on ...