CCT206H5 Lecture Notes - Lecture 7: Canadian Intellectual Property Office, Patent Act (Canada), Patent Infringement
19 Apr 2019
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Document Summary
If patents are very specific, the harder it is to defend yourself against infringement charges. A smartphone, automobile, software: design patent, concerns the design of some sort, e. g. In canada, it has to have a physical manifestation. In us, it has to just do significantly more: software patent, something that can be covered by copyright (the code itself is literature under copyright law); not in statutory law, there is software that is eligible for patents. It"s not from the moment you"ve invented something, so much as it is people are aware of what you"ve done the moment it could"ve been accessed by someone else: novelty. Inventor patent rights: usually filed under the name of the inventor, even if they are working for a corporation. It doesn"t look the same, but functions the same way: not literal, but equivalent, exhaustion of rights.
