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Utility In Canadian Patent Law
In Canadian patent law, inventions must be useful, in addition to novel and non-obvious, in order to be patented. General principles Although utility can be demonstrated by commercial success, it only requires that the invention is directed to a practical use and that it does what is indicated in the patent. The mechanism underlying an invention's function does not need to be disclosed in the patent. If a mechanism is proposed in the patent but is subsequently disproven, the patent is not invalidated. An invention is useful if it does what it promises; following the directions should result in the desired effect. The inventor does not have to have created the product of the invention, but the specifications must disclose an actual way to do so. A patent is addressed to a person skilled in the art, and any prior art and knowledge that such a person would have can be taken into consideration when the patent is being interpreted by the courts. If a patent's scope is so broad that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Novelty And Non-obviousness In Canadian Patent Law
For a patent to be valid in Canada, the invention claimed therein needs to be new and inventive. In patent law, these requirements are known as novelty and non-obviousness. A patent cannot in theory be granted for an invention without meeting these basic requirements or at least, if a patent which does not meet these requirements is granted, it cannot later be maintained. These requirements are borne out of a combination of statute and case law. Novelty The definition of “invention” in section 2 of the '' Patent Act (R.S.C., 1985, c. P-4)'' uses the word “new”. This means the invention must not already be known. Section 28.2(1) of the ''Patent Act'' explicitly codifies the novelty requirement. Section 28.2 thus blocks patent applications if the applicant, or someone who obtained their knowledge from the applicant, made the invention public more than a year before applying; if anyone else made the invention public before the application; or if the invention is already ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
X V Canada (Commissioner Of Patents)
{{italic title, all=yes, noerror ''X v Canada (Commissioner of Patents)'' is a decision by the Federal Court of Appeal concerning the utility requirement for patenting an invention in Canada. Background The patent application in issue was for a "death ray", more particularly, a device that creates a path of ionized air using a laser beam to transmit electrical energy without wires. The invention had not been constructed by the inventor because of the significant cost of doing so. The Commissioner of Patents refused the patent application on the ground that the death ray was "inoperable for the purpose for which it was designed." Decision Chief Justice Thurlow, for the Court, found that the patent did not disclose how a technical challenge would be addressed and was not written clearly enough to enable a person skilled in the art to make or use the invention. In addition, he concluded the Commissioner's comments concerning the absence of a working model of the invention and descr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burton Parsons Chemicals Inc V Hewlett Packard (Canada) Inc
Burton, Burtons, or Burton's may refer to: Companies * Burton (retailer), a clothing retailer ** Burton's, Abergavenny, a shop built for the company in 1937 **The Montague Burton Building, Dublin a shop built for the company between 1929 and 1930 *Burton Brewery Company *Burton Snowboards * Burton's Biscuit Company People * Burton (name) (includes list of people with the name) Places Australia * Burton, Queensland * Burton, South Australia Canada * Burton, British Columbia * Burton, New Brunswick * Burton Parish, New Brunswick * Burton, Prince Edward Island * Burtons, Nova Scotia United Kingdom England * Burton (near Neston), on the Wirral Peninsula, Cheshire * Burton (near Tarporley), in the area of Cheshire West and Chester, Cheshire * Burton-in-Kendal, Cumbria * Burton, Dorset * Burton on the Wolds, Leicestershire * Burton, Lincolnshire * Burton-upon-Stather, North Lincolnshire * Burton in Lonsdale, North Yorkshire * Burton-on-Yore, North Yorkshire * Bur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minerals Separation North American Corp V Noranda Mines Ltd
In geology and mineralogy, a mineral or mineral species is, broadly speaking, a solid chemical compound with a fairly well-defined chemical composition and a specific crystal structure that occurs naturally in pure form.John P. Rafferty, ed. (2011): Minerals'; p. 1. In the series ''Geology: Landforms, Minerals, and Rocks''. Rosen Publishing Group. The geological definition of mineral normally excludes compounds that occur only in living organisms. However, some minerals are often biogenic (such as calcite) or are organic compounds in the sense of chemistry (such as mellite). Moreover, living organisms often synthesize inorganic minerals (such as hydroxylapatite) that also occur in rocks. The concept of mineral is distinct from rock, which is any bulk solid geologic material that is relatively homogeneous at a large enough scale. A rock may consist of one type of mineral, or may be an aggregate of two or more different types of minerals, spacially segregated into distin ... [...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] |
