Canadian Patent Law, 4th Edition
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The previous edition of Canadian Patent Law has garnered praise from patent and IP law practitioners. This text is a modern Canadian work on patents, written by and for patent prosecutors, rather than patent litigators or legal academics. 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). This new fourth edition will include major amendments to the Patent Act that are expected to come into force by the end of 2019. These will be the first substantive amendments since 1996.
New To This Edition
- New requirement for due care when reinstating patent applications abandoned for failure to timely pay maintenance fees or examination fees
- Aligning legislation with Canada’s obligations under the Patent Cooperation Treaty
- Discussion of the new College of Patent Agents and Trademark Agents
- Drafting Software patents for Canada and the rest of the world after Choueifaty v. Canada (Attorney General), 2020 FC 837,1 the Federal Court
What You Will Find In This Book
- Comprehensive treatise
- Provides a summary of the most fundamental legal and practical issues that Canadian patent lawyers and patent agents are likely to face
- Drawings and flowcharts explain complex issues such as novelty grace periods, patent filing procedures, and prosecution with CIPO
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
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 and Inventorship
Chapter 6: 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: Transfers, Licenses 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 and Professional Practice