Lec 26 - Patents in depth

Question 1

Prior to patent law there was…

Answer 1

patent custom, Considered privilege rather than right

Question 1

English Statute of Monopolies

Answer 1

Invalidated previous patents granted by crown, Defined 14 year term Letters Patent

Question 2

Canadian History of Patent
Law

Answer 2

Prior to Confederation (1867), individual provinces had their own versions of patent law
First Patent Act (1869)
Patent Act Amendments (1872-1923)
Third Patent Act (1923)

Question 3

First-to-invent

Answer 3

Patents granted to whoever created invention first
Defined by three dates:
 Conception – invention first conceived in complete form
 Actual Reduction to Practice – first working prototype
 Constructive Reduction to Practice – filing of patent application

Question 4

First-to-file

Answer 4

Patents granted to whomever files patent application first

Question 5

Attacking a patent

Answer 5

two methods of “attacking” a patent are:
 Requesting a re-examination
 Impeachment

Question 6

re-examination

Answer 6

Examines specifically the claims declared by the patent
Person making request submits documentation of “prior art”
consisting of other patents and printed publications
outcome may be:
 Cancellation or amending of some claims
 Cancellation of all of claims (invalidate patent)
 Leave patent and its claims as is

Question 7

Impeachment

Answer 7

Attempts to invalidate some or all claims declared by a patent
Person making request must prove that the claims are invalid
At the end, Federal Courts can rule to void any claims in
question or the entire patent itself
Impeachment

Question 8

re-examination vs. Impeachment

Answer 8

Impeachment is more expensive and time consuming than re-examination
Re-examination is also easier for requestor
impeachment has larger scope in examining claim validity
After ruling:
◦ For re-examination, only patentee can file an appeal
◦ For impeachment, any of the parties can file an appeal

Question 9

Patent Infringement and
Litigation

Answer 9

Patent infringement occurs when someone else makes, uses, or sells a patented item without permission

Question 10

Patent Infringement Exception

Answer 10

Can practice (infringe) the patent if doing so to develop documentation and information to demonstrate regulatory compliance to government in Canada or any other country in the world