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Canadian patent law : An introduction

11/5/2009

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Introduction:

The article (as series) mentions a brief about Canadian patent law. Reader is advised to consider this article for information purpose only and not as legal advise of any kind. Hope you find the articles informative.

Patents protect inventions: either the functionality of a machine, a composition of matter or a process. In Canada, patent law is governed by the Patent Act, R.S.C. 1985, C. 33 (3rd. Supp.).

The Federal Government of Canada grants patents to inventors or assignees of inventors. Every patent grants to the patentee and its assignees for the term of the patent, beginning at the grant of the patent, the exclusive right, privilege and liberty of making, constructing and using the invention and selling it to others to be used.

The right to exclude others is exercised by suing infringers or granting licenses. It is up to the patent owner to enforce the patent. It has been said that a patent is not a monopoly but rather is a "licence to litigate".

A patent is sometimes described as contract between the inventor and the government. In consideration for the inventor disclosing the invention in the patent and making it available to the public after the expiration of the patent, the government grants to the inventor the right to exclude others from making, using or selling the invention during the term of the patent.

Disclaimer- In addition to Terms and Conditions of this blog, the content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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