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Canadian Patent Law
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. In general, Canadian patent law is administered by the Canadian Intellectual Property Office. The granting of Canadian patents is within the exclusive jurisdiction of the Canadian federal government and is governed by the federal ''Patent Act'', the ''Patent Rules'', and various international treaties and the regulations thereunder. The enforcement of Canadian patents is the responsibility of the Canadian Federal Court and the provincial/territorial Courts. Definition of a patentable invention Patents apply to inventions. To be considered patentable, an invention must pass three ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for a patent to be held valid. Requirements The patent laws usually require that, for an invention to be patentable, it must be: * Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection * Novel (i.e. at least some aspect of it must be new) * Non-obvious (in United States patent law) or involve an inventive step (in European patent law) * Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law) Usually the term "''patentability''" only refers to "substantive" conditions, and does not refer to formal conditions such as the " sufficiency of disclosure", the "unity of invention" or the " best mode requirement". Judging patentability is one aspect of the official ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plant Matter
Organic matter, organic material, or natural organic matter refers to the large source of carbon-based compounds found within natural and engineered, terrestrial, and aquatic environments. It is matter composed of organic compounds that have come from the feces and remains of organisms such as plants and animals. Organic molecules can also be made by chemical reactions that do not involve life. Basic structures are created from cellulose, tannin, cutin, and lignin, along with other various proteins, lipids, and carbohydrates. Organic matter is very important in the movement of nutrients in the environment and plays a role in water retention on the surface of the planet. Formation Living organisms are composed of organic compounds. In life, they secrete or excrete organic material into their environment, shed body parts such as leaves and roots and after organisms die, their bodies are broken down by bacterial and fungal action. Larger molecules of organic matter can be formed f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patentable Subject Matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. Legislations The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Canada According to the Canadian Intellectual Property Office (CIPO) patents may only be granted for physical embodiments of an idea, or a process that results in something that is tangi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chemical Composition
A chemical composition specifies the identity, arrangement, and ratio of the elements making up a compound. Chemical formulas can be used to describe the relative amounts of elements present in a compound. For example, the chemical formula for water is H2O: this means that each molecule of water is constituted by 2 atoms of hydrogen (H) and 1 atom of oxygen (O). The chemical composition of water may be interpreted as a 2:1 ratio of hydrogen atoms to oxygen atoms. Different types of chemical formulas are used to convey composition information, such as an empirical or molecular formula. Nomenclature can be used to express not only the elements present in a compound but their arrangement within the molecules of the compound. In this way, compounds will have unique names which can describe their elemental composition. Composite mixture The chemical composition of a mixture can be defined as the distribution of the individual substances that constitute the mixture, called "compon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Utility (patent)
In United States patent law, utility is a patentability requirement. As provided by , an invention is "useful" if it provides some identifiable benefit and is capable of use and "useless" otherwise. The majority of inventions are usually not challenged as lacking utility, but the doctrine prevents the patenting of fantastic or hypothetical devices such as perpetual motion machines. The patent examiners guidelines require that a patent application expresses a specific, credible, and substantial utility. Rejection by an examiner usually requires documentary evidence establishing a ''prima facie'' showing that there is no specific, substantial, and credible utility. European patent law does not consider utility as a patentability criterion. Instead, it requires that to be patentable an invention must have industrial applicability. Utility criteria In considering the requirement of utility for patents, there are three main factors to review: operability of the invention, a benefic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robin Jacob (judge)
Sir Robert Raphael Hayim "Robin" Jacob, PC (born 26 April 1941) is a former judge in the Court of Appeal of England and Wales. Personal life Jacob's father was Sir Jack Jacob, a Senior Master of the High Court who is well-known for editing the White Book on civil procedure in the UK. Education and professional career He read Natural Sciences (physics) at Trinity College, Cambridge (1960-1963) and law at the London School of Economics (1963-1967). He was called to the bar by Gray's Inn in 1965 (Treasurer 2007). From 1976 to 1981, he was the Junior Counsel for the Comptroller of Patents and for Government departments in intellectual property. He took silk in 1981. In 1993, he was appointed a High Court judge (a designated Patent Judge) and to the Court of Appeal in 2003. His primary area of expertise is intellectual property rights. He was admitted to the IP Hall of Fame in 2006. He was awarded the Outstanding Achievement in IP award by MIP in 2012. The position he held bef ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apotex Inc
Apotex Inc. is a Canadian pharmaceutical corporation. Founded in 1974 by Barry Sherman, the company is the largest producer of generic drugs in Canada, with annual sales exceeding . By 2016, Apotex employed over 10,000 people as one of Canada's largest drug manufacturers, with over 300 products selling in over 115 countries. Revenues were about CA$1.19 billion annually. Apotex manufactures and distributes generic medications for a range of diseases and health conditions that include cancer, diabetes, high cholesterol, glaucoma, infections and blood pressure. Apotex is a member of the Canadian Generic Pharmaceutical Association (CGPA), the Generic Pharmaceutical Association (GPhA), an associate member of the Canadian Animal Health Institute (CAHI), the Canadian Association for Pharmacy Distribution Management (CAPDM), as well as the Greater Toronto Area's Partners in Project Green. History Apotex began with limited staff in a 5,000-square-foot warehouse. When Barry Sherman started ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Person Having Ordinary Skill In The Art
A person having ordinary skill in the art (abbreviated PHOSITA), a person of (ordinary) skill in the art (POSITA or PSITA), a person skilled in the art, a skilled addressee or simply a skilled person is a legal fiction found in many patent laws throughout the world. This hypothetical person is considered to have the normal skills and knowledge in a particular technical field (an "art"), without being a genius. The person mainly serves as a reference for determining, or at least evaluating, whether an invention is non-obvious or not (in U.S. patent law), or involves an inventive step or not (in European patent laws). If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable. In some patent laws, the person skilled in the art is also used as a reference in the context of other criteria, for instance in order to determine whether an invention is sufficiently dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called “substantive examination” of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be consid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Novelty
Novelty (derived from Latin word ''novus'' for "new") is the quality of being new, or following from that, of being striking, original or unusual. Novelty may be the shared experience of a new cultural phenomenon or the subjective perception of an individual. From the meaning of being unusual usage is derived the concept of the novelty dance (a type of dance that is popular for being unusual or humorous); the novelty song (a musical item that capitalizes on something new, unusual, or a current fad); the novelty show (a competition or display in which exhibits or specimens are in way some novel); and novelty architecture (a building or other structure that is interesting because it has an amusing design). It is also this sense that applies to a novelty item, a small manufactured adornment, toy or collectible. These, in turn are often used as promotional merchandise in marketing. The chess term, novelty, is used for a move in chess which has never been played before in a recorded ga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
