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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.
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] If a patent application is refused, there is a right of appeal to the Commissioner of Patents. [16]
A patent gives inventors the right to exclude others from making, using, or selling an invention. A patented invention must be something new, useful, and ingenious. Patents can be obtained for products, apparatuses, manufacturing processes, chemical compositions, and significant improvements to existing inventions.
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.
In Canadian patent law, only “inventions” are patentable. Under the Patent Act, [1] 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 ...
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