Although we may not realize it, each day every one of us
interacts with patented inventions. Our phones, cars, and computers
contain hundreds of patented components. Even your favourite tent
or sleeping bags have been protected by patents.
There are many benefits to registering a patent in Canada, and
it is in your best interest to know these benefits.
A patent is an exclusive right of making, constructing and using
an invention and selling it to others. In exchange for full
disclosure on how to use the invention (the patent), the Canadian
government allows a patent owner exclusive use of the invention for
20 years. The theory behind granting this limited term monopoly is
that it provides the incentive for innovation.
This means a patent holder has 20 years of exclusive use of the
invention they patent. For example, if you create and patent a new
form of transportation, you will have exclusive rights to use that
transportation in the way you so choose for the next 20 years.
This exclusive right to use may be very valuable. You will be
able to sell these rights, license the rights or use them as assets
to attract funding from investors. The exclusive right also
prevents anyone else from from copying, manufacturing, selling or
importing your invention without your permission. You are able to
prevent other competitors from entering into the market.
Perhaps next time you hop on a chairlift, your mind will turn to
the patent protecting the technology that gets you to the top of
your favourite ski hill. It is that protection that allowed the
chairlift inventor to design, manufacture and sell their invention
without fear that they would be put out of business by someone
copying their idea.
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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Materials from a recent "refresher training" for examiners at the Canadian Intellectual Property Office (CIPO) highlight inconsistencies between CIPO's examination practices and Supreme Court precedent.
In this recently reported decision, the Court granted Apotex leave to deliver Fresh as Amended Responding Statement of Issues for the reference into AstraZeneca's damages or Apotex's profits, following the Court's decision that the ‘693 Patent is valid and infringed by Apotex.
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