Historically, and apparently still, many companies decide to
forgo filing in Canada based upon an analysis of the costs of
filing and obtaining a patent in Canada, and the significance and
size of the Canadian market. We believe that it is time to revisit
this analysis.
Close Links to the United States
While Canada and the US have similar laws, the court systems in
each country are markedly different, especially in relation to
civil litigation and the associated costs. It is possible in
many circumstances to use patent litigation in Canada instead of,
or in addition to, litigation in the US, to obtain a beneficial
outcome across North America.
A moderately complex patent litigation action in the US can
easily cost a plaintiff/patentee $3.5 to $5 million to obtain a
decision at trial (with as much as $2 to $3 million necessarily
spent before reaching a point where a settlement may be favorably
negotiated). In contrast, a similar moderately complex
