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Canadian patent law is the legal regime regulating the grant of patents on inventions within Canada. A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an An invention is a new form composition of matter device or Process. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Patents are in the sole jurisdiction of the federal government and is governed by the federal Patent Act. The Patent Act is the Canadian Act of Parliament that governs the patent law in Canada.

A patent will give the inventor and its assignees the exclusive right to the construction, use and sale of the invention. An inventor is a person who creates or discovers a new method form device or other useful means [1]

Contents

Prohibited matters

There are number of matters that cannot be patented. In most patent laws patentable subject matter (or statutory subject matter) is the requirement that an Invention, for which Patent protection is sought Among such matters include certain new plant matters[2], computer programs,[3] and medical treatments within the body (diagnoses based on, for example, blood tests, are patentable). [4]

Novelty

The novelty of an invention is determined based on the construction of the claim. Novelty is a Patentability test according to which an Invention is not patentable if it was already known before the date of filing or before the date of Patent claims are usually in the form of a series of specified elements and corresponding limitations or more precisely Noun phrases following the description portion of the The court shall read the claim constructively. [5]

The claim is compared with other inventions to determine whether the invention has already been anticipated. [6] The test is whether a previous claim "contained all of the information which, for practical purposes, is needed to produce the claimed invention without the exercise of any inventive skill". The previous invention must be described in a single document that is generally available to the public.

Non-obviousness

The test for a non-obvious invention is whether an "unimaginative skilled technician, in light of his general knowledge and the literature and information on the subject available to him on that date, would have been led directly and without difficulty to [the] invention. The inventive step and non-obviousness reflect a same general Patentability requirement present in most Patent Laws according to which an The person having ordinary skill in the art (often abbreviated PHOSITA in the United States) the person skilled in the art or the man skilled " [7]

Utility

The requirement for utility originates from the definition of invention as a "new and useful art"[8] The requirement is generally easy to meet, however, it does limit the scope of protection by excluding methods that would not be useful. In United States patent law, utility is a Patentability requirement

Notes

  1. ^ Patent Act s. 42
  2. ^ Pioneer Hi‑Bred Ltd. v. Canada (Commissioner of Patents), [1989] 1 S. C. R. 1623
  3. ^ Schlumberger Canada Ltd. v. Commissioner of Patents (1981) 56 C. P. R. (2d) 204 (FCA)
  4. ^ Tennessee Eastman Co. v. Commissioner of Patents, [1974] S. C. R. 111
  5. ^ see Free World Trust v. Électro Santé Inc.
  6. ^ Beloit Canada Ltd. Free World Trust v Électro Santé Inc, 2 SCR 1024 2000 SCC 66 is a leading Supreme Court of Canada decision on Patents namely claim v. Valmet Oy (1986), 8 C. P. R. (3d) 289
  7. ^ Beecham Canada Ltd. v. Procter & Gamble Co. , (1982) 61 C. P. R. (2d) 1 (F. C. A. ) at 27
  8. ^ Patent Act, s. 2

See also

External links

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