About: Defences and remedies in Canadian patent law

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A patent holder in Canada has the exclusive right, privilege and liberty to making, constructing, using and selling the invention for the term of the patent, from the time the patent is granted. Any person who does any of these acts in relation to an invention without permission of the patent owner is liable for patent infringement. When faced with an action for patent infringement, the defendant has a number of defences that they can use. These roughly fall into three categories:

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rdfs:label	Defences and remedies in Canadian patent law (en)
rdfs:comment	A patent holder in Canada has the exclusive right, privilege and liberty to making, constructing, using and selling the invention for the term of the patent, from the time the patent is granted. Any person who does any of these acts in relation to an invention without permission of the patent owner is liable for patent infringement. When faced with an action for patent infringement, the defendant has a number of defences that they can use. These roughly fall into three categories: (en)
rdfs:seeAlso	Canadian patent law Non-obviousness Patent infringement Novelty Subject matter Canadian law Presumption of validity
dcterms:subject	Canadian patent law
Wikipage page ID	33874461 (xsd:integer)
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Link from a Wikipage to another Wikipage	Canadian patent law Harvard College v. Canada (Commissioner of Patents) Copyright law in Canada Patent trolls Injunction Interlocutory injunction Patent infringement Patent Act (Canada) Damages Equity (law) Common law Froth flotation Patent Tort Punitive damages Cost accounting Account of profits Trade secret Monsanto Canada Inc. v. Schmeiser Apotex Inc. v. Sanofi‑Synthelabo Canada Inc. Injunctions Canadian patent law Royalty payment NAFTA Xanthate Revenue Person skilled in the art Variable expense Accounting of profits TRIPs
sameAs	Defences and remedies in Canadian patent law Defences and remedies in Canadian patent law
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has abstract	A patent holder in Canada has the exclusive right, privilege and liberty to making, constructing, using and selling the invention for the term of the patent, from the time the patent is granted. Any person who does any of these acts in relation to an invention without permission of the patent owner is liable for patent infringement. When faced with an action for patent infringement, the defendant has a number of defences that they can use. These roughly fall into three categories: 1. * Non-infringement, asserting that the defendant does not make, use or sell the patented invention; 2. * Invalidity, asserting that the patent should not have been granted in view of prior art; 3. * Defences based on user rights, statutory or otherwise. Remedies in Canadian patent law generally track both common law and equitable remedies. Equitable remedies include injunctions (both final and interlocutory) and an accounting of profits. Common law remedies include damages aimed at putting the plaintiff in the position he would have occupied had the infringement not occurred. (en)
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foaf:isPrimaryTopicOf	wikipedia-en:Defences_and_remedies_in_Canadian_patent_law
is Link from a Wikipage to another Wikipage of	Libbey-Owens-Ford Glass Co v Ford Motor Co of Canada Ltd Defenses and remedies in Canadian patent law Outline of patents Defences, remedies in Canadian patent law
is Wikipage redirect of	Defenses and remedies in Canadian patent law Defences, remedies in Canadian patent law
is foaf:primaryTopic of	wikipedia-en:Defences_and_remedies_in_Canadian_patent_law

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