Halsbury's Laws of Canada – Patents, Trade Secrets and Industrial Designs (2020 Reissue)
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In the age of information, the ability to protect a client's rights in intellectual property can be as important as the creation of that property itself. Like a right without a remedy, a proprietary asset without legal recognition may be no asset at all. So, while patent applications or industrial design issues may be best left to intellectual property specialists, a sound appreciation of the law and the issues shouldn't be.
Newly revised and thoroughly updated, Halsbury's Laws of Canada – Patents, Trade Secrets and Industrial Designs (2020 Reissue) is the ideal source for authoritative commentary on this always important subject. Authored by two of Canada's leading intellectual property experts, it clearly delineates the law governing patents of invention in Canada, as codified by the Patent Act, as well as the law pertaining to trade secrets and industrial design.
Topics covered include:
Patents of Invention
- The legislative framework
- Patent Act, Competition Act and international conventions
- Patentable subject matter
- Art, process, novelty, utility, obviousness and improvements
- Exemptions and exclusions
- Double patenting
- Foreign patents
- Specification and Claims
- Construction of claims
- Biological material
- Patent validity
- Categories of infringement
- Imports and exports
- Actions for infringement
- Defences and exemptions
- Actions for impeachment
- Patent applications
- Persons entitled to apply
- Contents, format and publication
- Withdrawal, abandonment and reinstatement
- International applications
- Reissue, disclaimer, re-examination and dedication
- Judicial review of Commissioner's decisions
- Patent ownership, assignment and licensing
- Patented medicines
- Patented Medicines Prices Review Board
- Patented Medicines (Notice of Compliance) Regulations
- Supplementary Protection – Medicinal Ingredients
- Obligations of directors, officers and former employees
- Actions to restrain misuse
- Relationship with trademarks, patents and copyright
- International applications and registrations
- Registrable designs
- Application for industrial design
- General requirements and contents of application
- Filing date and priority
- Availability to public
- Reviews and appeals
Table of contents
I. Patents of Invention
1. Applicable Law
4. Specification and Claims
8. Application for Patent
9. Reissue, Disclaimer, Re-Examination and Dedication
10. Judicial Review of Commissioner's Decision
11. Ownership and Licence
13. Patented Medicines
II. Trade Secrets
4. Actions to Restrain Misuse
III. Industrial Designs
2. Registrable Designs
5. Ownership and Licence