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ARTICLE · 16 AUGUST 2024

Ask An IP Litigator: Copying A Patented Product (Video)

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Let's talk about the patented products and what happens if you infringe a patented product. I'm Ed Fan and I'm here with Niki Mantini, one of Torys' IP litigators,

CanadaIntellectual Property

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Video transcript

Ed Fan (00:05): Let's talk about the patented products and what happens if you infringe a patented product. I'm Ed Fan and I'm here with Niki Mantini, one of Torys' IP litigators, to talk about some of the important considerations for Canadian businesses when navigating patent infringement issues. Niki, say I'm at a company that's developed a fabulous new product for customers, but we just discovered that the product looks a lot like a competitor product.

How do we know if there's a patent problem?

Nicole Mantini (00:29): So, you might be infringing someone's patent rights. And the first thing you're going to want to do is try to figure out if the competing product is the subject of a Canadian patent. First of all, as a reminder, only inventions—not ideas—can be the subject of a patent. And an invention means any new or useful art process, machine manufacturer or composition of matter, or any improvement on any of those things.

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