: Once a patent is granted, it can be asserted in litigation against an alleged infringer. One of the remedies that can be obtained is “reasonable compensation” for pre-grant infringement pursuant to section 55(2) of the PatentAct . While relief is often sought and granted for pre-grant infringement, the remedy has some subtleties, including those arising from changing practices at the Canadian Patent Office. Section 55(2) of the PatentAct states the following: 55(2) A person is liable to pay reasonable compensation to a patentee and to all persons claiming under the patentee for any damage sustained by the patentee . . . [more] The post Patent Publication Dates appeared first on Slaw
: A perpetual question from clients is whether a new development should be protected by filing a patent application or kept as a trade secret? Patents are granted by national patent offices for new, useful and not obvious inventions. Patents require a full and public description of the idea and the details needed by a skilled person to put that idea into practice. For example, Section 27(3)(c) of the PatentAct requires that for machines, the patent “explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle”. This quid pro . . . [more] The post Trade Secrets as an Alternative to Patent Protection appeared first on Slaw