Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
2.
Rights
2.1
What rights are obtained when a patent is registered?
 
Canada
A patent grants the patentee and the patentee’s legal representatives, for the term of the patent, the exclusive right, privilege and liberty to make, construct and use the invention and sell it to others to be used, subject to adjudication in respect thereof before any court of competent jurisdiction.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP
2.2
How can a patent owner enforce its rights?
 
Canada
An action for infringement may be brought in Canada’s Federal Court or in a court of record in a province in which the infringement is said to have occurred.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP
2.3
For how long are patents enforceable?
 
Canada
For a patent that is granted in respect of an application that was filed on or after 1 October 1989, the term begins on issuance and ends 20 years after the filing date. For a patent that is granted in respect of an application filed prior to 1 October 1989, the term is 17 years from the date on which the patent issued. In certain circumstances, a patentee may be able to obtain a certificate of supplementary protection for up to two years in respect of a patent that pertains to a medicinal ingredient or combination of medicinal ingredients contained in a drug for which marketing approval was delayed.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP