ARTICLE · 02 OCTOBER 2017

Research Exemptions From Patent Infringement In Canada

Ridout & Maybee LLP

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The Canadian Patent Act provides a safe harbour against patent infringement for activities that are "reasonably related" to a submission for regulatory approval of a product.

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Summary

Two forms of exemptions in Canada provide "safe harbours" against patent infringement:

research relating to generating a submission for regulatory approval of a product by a government agency (statutory law); and
other types of non-commercial research and experimentation (common law).

Statutory Research Exemption

The Canadian Patent Act provides a safe harbour against patent infringement for activities that are "reasonably related" to a submission for regulatory approval of a product. The type of product is not specified nor is the type of regulatory approval and as such, the exemption is not limited to pharmaceuticals. As well, the activity need not be related to a regulatory approval by a Canadian agency and as such, the activities can relate to a regulatory approval by a government agency in another country.

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