The ''Patent Act'' is Canadian federal legislation and is one of the main pieces of Canadian legislation governing

patent law in Canada 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 ...

. It sets out the criteria for patentability, what can and cannot be patented in

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

, 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.Patent Act, RSC 1985, c P-4
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 invention and free use of it after the patent expires.

History

The first patent in Canada was granted by the legislature of Quebec in 1791. No official patent act followed until about 30 years later when Upper and Lower Canada enacted patent acts in the 1820s. The provinces of Canada held responsibility for patents within their boundaries The ''

British North America Act The British North America Acts 1867–1975 are a series of Acts of Parliament that were at the core of the constitution of Canada. Most were enacted by the Parliament of the United Kingdom and some by the Parliament of Canada. In Canada, some ...

'' established that patents were a federal responsibility. The first federal ''Patent Act'' was created in 1869. This act granted patents for a term of 15 years, divided into three five-year periods. The second federal ''Patent Act'' was passed in 1872 and allowed foreigners to register patents. In the 1880s and 1890s the ''Patent Act'' was amended to extend patent terms from 15 to 18 years, divided into three six-year periods. The Patent Office and post of Commissionaire of Patents are established by statute between 1900 and 1919. In 1923, the third federal ''Patent Act'' provided provisions for inventions created by public servants. The fourth federal ''Patent Act'' was passed in 1935, this act had provisions for the procedure of obtaining patents on inventions related to national defence and atomic energy. The Patent Office and position of Commissionaire of Patents were incorporated into the new

Canadian Intellectual Property Office The Canadian Intellectual Property Office (CIPO; French: ''Office de la propriété intellectuelle du Canada, OPIC'') is responsible for the administration and processing of the greater part of intellectual property (IP) in Canada. CIPO's areas ...

in 1991. In 1993, the requirement that an invention be not obvious was added to the ''Patent Act''. In 1996, the TRIPS implementation act was passed. Patents are extended from 18 to 20 years as a result of a

WTO The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and e ...

ruling that 18-year patents violate TRIPS requirements in 2001.Canadian Intellectual Property Office - Government Of Canada brings Patent Act into conformity with obligations under the World Trade Organization
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Applicable subject matter

Patents apply to physical inventions and process, but not literary works, most software and other forms of intellectual property. For more information see patentable subject matter in Canada.

Patent enforcement

It is the responsibility of patent owners to enforce their patents. This is done by taking potential offenders to court to determine if the patent has been infringed and obtain compensation. Court action can be very expensive and can deter people from enforcing their patents. The cost of a

patent infringement Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may v ...

action in Canada can run from several hundred thousand dollars to several million dollars, depending on the complexity of the case.

References and notes

External links