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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.
The Manual of Patent Office Practice ( MOPOP) is a manual for patent agents and patent examiners, published by the Canadian Intellectual Property Office (CIPO). It documents the procedures and practices relative to the prosecution of patent applications under Canadian patent law for patent examiners, applicants, agents, and the public at large.
Canada. Section 43 (2) of the Patent Act [1] creates the presumption of validity: After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term mentioned in section 44 or 45, whichever is applicable.
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 ...
Software patents under Canadian patent law. Neither computers nor software are specifically mentioned in the Canadian Patent Act. [1] 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 ...
Utility in Canadian patent law. Categories: Intellectual property law by jurisdiction. Canadian law by issue. Intellectual property law in North America.
Pages in category "Canadian patent case law". The following 14 pages are in this category, out of 14 total. This list may not reflect recent changes .