The Budget Implementation Act, 2018, No. 2
brought about several changes to the Patent Act that
affect the scope of protection available under Canadian patents,
including revision of section 56, concerning rights of prior users of
patented technologies.
What are Prior User Rights?
Prior user rights are a defence to patent infringement.
They have been described as providing fairness by allowing an
inventor who independently develops an invention that is
subsequently made the subject matter of a patent to continue using
the invention.1
Prior user rights are closely linked with the requirement for
novelty. As a patent application would usually be anticipated
if a prior user had made the invention available to the public,
prior user rights are most likely to arise in a situation where an
invention is protected as a trade secret.
