Patent ActA patent will give the inventor and its assignees the exclusive right to the construction, use and sale of the invention. There are number of matters that cannot be patented. Among such matters include certain new plant matters, computer programs, and medical treatments. The novelty of an invention is determined based on the construction of the claim. The court shall read the claim constructively. The requirement for utility originates from the definition of invention as a "new and useful art" The requirement is generally easy to meet, however, it does limit the scope of protection by excluding methods that would not be useful. The test for a non-obvious invention is whether an "unimaginative skilled technician, in light of his general knowledge and the literature and information on the subject available to him on that date, would have been led directly and without difficulty to [the] invention." The Patent Act is the Canadian Act of Parliament that governs the patent law in Canada. | |
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