This is part 2 in our multiple part series examining Bolar and
Bolar-like exemptions in U.S. as well as in a number of foreign
jurisdictions. Part 1, the Bolar Exemption in the U.S., can
be found
here.
Exemptions to Patent Infringement for Research under
Canadian law
Canada provides both a statutory and common law exemption to
patent infringement.
Statutory exemption
The statutory exemption to patent infringement is found in
Section 55.2(1) of the Canadian Patent Act which states that:
It is not an infringement of a patent for any person to make,
construct, use or sell the patented invention solely for uses
reasonably related to the development and submission of information
required under any law of Canada, a province or a country other
than Canada that regulates the manufacture, construction, use or
sale of any product.
