30-day risk-free examination
Secure checkout
Multiple copy discounts

Canadian Patent Law, 3rd Edition

This book covers the most fundamental legal and practical issues that Canadian patent lawyers and patent agents are likely to face in everyday practice before the courts and the Canadian Intellectual Property Office (CIPO).
Publication Language: English

Select a format

ISBN/ISSN: 9780433496434
Published: July 29, 2018
In Stock

Hardcover | 728 pages

Product details

Special Student pricing is available. Please contact Paula Sloss, Account Executive Academic Print Products at 416-200-6640 or 1-844-408-0655, or email paula.sloss@lexisnexis.ca for more information.

The first and second edition of Canadian Patent Law has garnered praise from patent and IP law practitioners. The book has proven to be a reliable practice guide for many patent lawyers and agents, and was cited numerous times in a landmark 2012 Supreme Court of Canada case. Now in its third edition, this book remains the only Canadian patent law text written from a patent prosecutor's perspective. The authors, both agents themselves, delve into the most fundamental legal and practical issues that Canadian patent lawyers and agents confront in everyday practice before the courts and the Canadian Intellectual Property Office (CIPO). This gem of a book is written in a refreshingly clear, straightforward manner, helping patent practitioners resolve patent law problems found in even the most complex patent matter.

New To This Edition

  • Explains significant new amendments to the Patent Act which are expected in early 2019
  • New and updated case law throughout the text
  • Explains the decision in AstraZeneca Canada Inc. v. Apotex Inc. in relation to the Promise of the Patent  (the So-called “Promise Doctrine”) and its implications for patent law both in Canada and abroad

What You Will Find In This Book

  • Teaches the principles of Canadian patent law through the "bargain theory", a method of legal analysis Canadian courts are increasingly using
  • The book explains the "bargain theory" in clear terms, applying it to various aspects of patent law. Basic issues include:
    • What constitutes an "invention"?
    • Has the invention been adequately "disclosed"?
    • Was a defendant actually practicing the "invention"?
  • Drawings and flowcharts explain complex issues such as novelty grace periods, patent filing procedures, and prosecution with CIPO
  • The authors have carefully selected only a few cases and quotations – usually the top cases – to illustrate key concepts and points

Who Should Purchase This Book

  • Patent & IP Practitioners – Provides invaluable insight and guidance for patent lawyers who require a "patent prosecutor's perspective" in handling their case files
  • In-house Lawyers – Gives guidance on IP management and strategy, ideal for corporate counsel at technology, pharma, biosciences and manufacturing
  • Patent Agents – Provides useful instructions for patent agents who handle patent prosecution work
  • Law Libraries – This book is a necessary addition to any collection of reference materials dealing with patent law in Canada
  • Law Students -- To use as a resource in patent law courses
  • Chief Technology Officers & Senior Engineers – Gives a useful overview of key patent and IP principles, indispensable to managers who oversee IP inventions as part of their job duties

Featured Authors

Table of contents

Chapter 1 - Introduction to Intellectual Property
Chapter 2 - History of Patent Law
Chapter 3 - Bargain Theory
Chapter 4 - Management of Patents
Chapter 5 - Ownership
Chapter 6 - Statutory Subject Matter
Chapter 7 - Utility
Chapter 8 - Specification
Chapter 9 - Novelty
Chapter 10 - Obviousness
Chapter 11 - Filing and Prosecution
Chapter 12 - Post-grant
Chapter 13 - Assignments, Licences and Other Conveyances
Chapter 14 - Litigation Considerations
Chapter 15 - Construction
Chapter 16 - Infringement
Chapter 17 - Remedies for Infringement
Chapter 18 - Pre-empting Allegations of Infringement
Chapter 19 - Defences to Infringement
Chapter 20 - Abuse of Rights
Chapter 21 - Special Procedures for Pharmaceutical Inventions
Chapter 22 - Patent Treaties
Chapter 23 - Ethics