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ARTICLE · 20 DECEMBER 2018

Five Important Changes To The Canadian Patent Act Now In Effect

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The Budget Implementation Act, 2018, No. 2, Statutes of Canada 2018, c.27, received Royal Assent on December 13, 2018. As discussed in our earlier article,

CanadaIntellectual Property
David Schwartz
David Schwartz
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The Budget Implementation Act, 2018, No. 2, Statutes of Canada 2018, c.27, received Royal Assent on December 13, 2018. As discussed in our earlier article, this is wide-ranging legislation implementing various provisions of the federal budget introduced in Parliament in February of this year.

Effective immediately the following important changes to the Patent Act have been made, affecting the scope of protection available under Canadian patents:

  • Licensing commitments on standard-essential patents now bind subsequent patent owners
  • Prosecution histories are now admissible in evidence to construe patent claims
  • An experimental use exception to infringement has been codified

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