What is Canadian patent Law?
Canadian patent law refers to the legal system of Canada responsible for regulating the issuance of patent grants for inventions within the country and the subsequent enforcement of these rights.
All patents are forms of government grants that award an inventor and his or her assigns and executors, the exclusive right within Canada to make, use, sell, or import the invention claimed within and during the term of the issued patent.
The issuance of Canadian patents is administered within the exclusive jurisdiction of the Canadian federal government; the procedures and delivery of Canadian patents are governed by the nation’s Patent Act, the Patent Rules, and various international treaties and regulations latent within such agreements.
The enforcement of such regulations and the protocol necessary to legally grant Canadian patents is the responsibility of the Canadian Federal Court, the Canadian patent Office, and the courts of the Canadian provinces.
A Canadian patent Office must comply to the aforementioned laws and treaties upheld by the Canadian Federal Government. All patent applications administered in a Canadian Patent Office, filed prior to October 1, 1989, will be active 17 years after the patent is issued; all patent applications filed on or after October 1, 1989 will hold an active life 20 years after the patent application was originally filed.
What is the Canadian Patent Office?
The Canadian Patent Office is responsible for the processing and administration of all intellectual property in the country. The Canadian Patent Office will provide inventors with patents to cover new inventions, regarding composition of matter, manufacture, machines and processing equipment or any new and useful improvement of any existing invention.
The Canadian Patent Office will also supply trade-marks to words, symbols or designs, which are used to distinguish the services of one person or organization from those of others in the marketplace.
Canadian Patent Office Regulations:
To receive a patent for an invention in Canada, an inventor must file a patent application in a coordinating Canadian Patent Office. For a product or invention to be patentable in Canada the good must be novel, meaning the invention must not have been previously claimed or described by a third party.
To test for novelty, a Canadian Patent Office, in alignment with the country’s patent laws, will test for novelty by inspecting whether or not a single, publicly disclosed example of art contains “all of the information which, for practical purposes, is needed to produce the claimed invention anywhere in the world.”
In addition to testing for novelty, a Canadian Patent Office will test for inventive ingenuity; this test will inspect whether a skilled technician in light of his or her general knowledge and the supplied literature and if the information needed to create the invention would have been led directly to the production of the good.
The Canadian patent office will also institute a number of items that cannot be patented. Among such subject include certain types of computer programs, medical treatments and new plant matters; the list of non-patented items notable differs from the United States with respect to patents for software.