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Canada (158,171)
MCS 3040 (220)
Chapter 18

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University of Guelph
Marketing and Consumer Studies
MCS 3040
Joseph Radocchia

Chapter 18 Intellectual Property Introduction Intellectual Property: The results of the creative process, such as ideas, the expressions of ideas, formulas, schemes, trademarks etc. Also this refers to the protection attached to ideas such as patent, copyright, trademark, industrial design etc. Creation of Intellectual Property Rights Patents Patent: A monopoly to make, use or sell an invention Patents defined The patent act defines an invention as “any new and useful art, process, machine, manufacture or composition of matter or any new useful improvement in any art, process, machine manufacture or composition of matter” Exclusions from Patent Protection Exceptions sometimes include…  Things that receive protection under other areas of the law  Things that don't meet the definition of a patent  Things that aren’t patentable for policy reasons (eg. methods of medical/surgical treatment) Requirements for Patentability Not all inventions are patentable and new inventions will only be so if they are new, useful and unobvious NEW The invention must be new or novel  Any invention that has been publically disclosed, publically use, or sold prior to filing out a patent renders an invention “old” USEFUL  An invention must solve a practical problem & must actually work UNOBVIOUS  It must be inventive and unobvious  Testing this is hard b/c it involves ascertaining the state of the art or knowledge prior to the invention and analyzing it Patent Protection & Application  Patent protection doesn't arise automatically, an application for patent must be filled out with the Canadian Patent Office  Timing of the application is important b/c it is first-to-file system  The inventor is generally the 1 owner of the invention and thus the person entitled to apply for the patent  The patent act doesn't contain specific provisions for the ownership of inventions created by employees in the course of employment  Employee is generally an owner except sometimes  Prep of a patent is usually done by a patent agent Patent Agent: A pro trained in patent law and practice who can assist in the prep of a patent application Application has 2 main parts… 1. Specifications: The description of an invention contained in patent 2. Claims: The exclusive rights of the patent holder  The application is examined by patent officer to ensue the invention hasn't already been invented and application complies with the patent act  If good the patent is issued upon payment of the required free  Registration lasts for 20 years  Patents exist only in the country in which the associations are made/granted Industrial Designs The industrial design act provides protection for the app
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