Protection Against Infringement of Patents in Canada

Abstract:

In this article the authors review the patent law relating to claim construction and infringement in Canada, the United Kingdom, and the United States and explain why the law in Canada should be reformed to make it less difficult to prove infringement of a patent at trial. The opinions expressed in this article are those of the authors based on their combined experience in the prosecution and litigation of patents in Canada and are presented, in part, with the hope of starting a serious conversation about the need for reforming the law of patent protection in Canada.