|
Presumption Of Validity In Canadian Patent Law
The presumption of validity refers to the fact that, once a 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 p ... has been issued, the courts will presume that it is valid, unless there is evidence to the contrary. Canada Section 43(2) of the ''Patent Act'' creates the presumption of validity: :''After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term mentioned in section 44 or 45, whichever is applicable.'' In '' Diversified Products Corp v Tye-Sil Corp'', the Federal Court of Appeal held that the presumption of validity merely gives rise to an evidential burden on a balance of probabilities. References Canadian patent law {{canadian law ... [...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] |
Canadian Patent Act
The ''Patent Act'' 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. Purpose The purpose of a patent is to protect inventions. Patents provide the owner of a patent with the exclusive right to make, use and sell a patented invention. s 42. These restrictions form a system of encouraging economic and technical growth. The patent is a contract between the inventor and the government who represents society. The inventor obtains a monopoly limited to a 20-year term of producing and selling the patent. Society gains disclosure of the inventi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diversified Products Corp V Tye-Sil Corp
''Diversified Products Corp v Tye-Sil Corp'' is a Canadian Federal Court of Appeal decision concerning the presumption of validity in Canadian patent law and novelty. Presumption of validity The Court of Appeal considered the effect of the presumption of validity of a registered patent. Section 45 of the Patent Act provides that a patent granted under the Act is valid "in the absence of any evidence to the contrary". The trial judge had adopted a high standard for rebutting the presumption, where the onus to disprove the presumption is "not an easy one to discharge". Décary J.A., for the Court, rejected this approach. The Court of Appeal concluded that the presumption of validity merely gives rise to an evidentiary burden on a balance of probabilities. Novelty The Court of Appeal cited with approval jurisprudence that stands for the proposition that "an impractical and inoperable device cannot be an anticipation". The invention dealt with a conventional rowing machine usable in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
