Canadian Patent Law – A
Pathfinder
LIS 9318 (Fall Term 2012)
Alan Kilpatrick
12 November 2012
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Overview
A patent is a government grant, a form of limited monopoly issued to inventors, and a type of
intellectual property. Inventors, who obtain a patent for a new invention, are able to control
inventions and exclude others from making, using, or selling the invention for a period of
twenty years. In return for the right to exclude others from doing this, inventors must provide
a description of the invention to the Canadian public. This helps ensure all Canadian are able to
benefit from the advance in technology and knowledge associated with the new invention.
Patents are intended to enable inventors to benefit financially from an invention, to stimulate
further investment, and to provide incentive for society to pursue research, development, and
new knowledge.
In order for an invention to be patentable, or eligible to receive a patent, it must demonstrate
three characteristics. Canada’s Patent Act explains the invention must show novelty, utility,
and ingenuity. Failing to demonstrate one of these characteristics means that an invention
does not meet patent criteria.
In Canada, patent applications and requests are handled by the Canadian Intellectual Property
Office (CIPO) patent division. Internationally, the World Intellectual Property Office (WIPO) also
plays a role in patents and intellectual property.
Scope
This pathfinder contains the following sections. Each section presents a list of library resources
arranged from general to specific. This pathfinder is intended to enable you to learn more
about the basic principles of Canadian patent law.
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Western Libraries Catalogue
Subject Headings
Databases, Summaries, and Digests
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Introductory Texts
Legislation and Treaties
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Case Law
Government Resources
Journals, Newsletters, and
Conferences
Blogs and Internet Resources
Western Libraries Catalogue
Resources presented in this pathfinder are available from Western Libraries and the John and
Dotsa Bitdove Family Law Library. Visit the Western Libraries catalogue at lib.uwo.ca to search
for additional resources.
Feel free to approach a library reference desk or to contact the library virtually
http://www.lib.uwo.ca/contact) if you have questions about any resources presented in this
pathfinder or require further assistance.
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Subject Headings
Subject headings enable you to search the Western Libraries catalogue efficiently. Inputting
any of the following subject headings into the Western Libraries catalogue may help locate
further resources.
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Patent laws and legislation -- Canada
Patent Laws And Legislation Canada
Congresses
Patent Laws And Legislation
Patent Practice Canada
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Patent Licenses
Patent Laws And Legislation Canada
Periodicals
Patent Laws And Legislation Britain
Patent Laws And Legislation USA
Databases, Summaries, and Digests
Databases can help locate authoritative peer reviewed articles, summaries, and digests
discussing patent law. Two popular databases are:
LexisNexis. (2012). Quicklaw. Retrieved from https://www.lib.uwo.ca/databases
Quicklaw provides access to case summaries, legislation and digests through the
Canadian Digest Service and Halsbury’s Laws of Canada.
Westlaw Canada. (2012). Westlaw Canada. Retrieved from https://www.lib.uwo.ca/databases
Westlaw Canada is an excellent place to locate legal research, digests, and
abridgements. It offers the Canadian Encyclopedia Digest and Canadian Abridgement
Digests.
Introductory Texts
General resources presenting a basic overview of patent law are listed here. While the focus of
this section is on Canadian patent law, some international resources are included. Call numbers
follow each citation.
Vaver, D. (2011). Intellectual Property Law: Copyright, Patents, Trade-Marks: Toronto: Irwin
Law. (KF2979.V38 2011).
Presenting a basic overview of patent, copyright, and trademarks, this item is written by
a well-known and authoritative professor from York University.
Perry, S.J. & Currier, A.T. (2012). Canadian Patent Law: Markham, ON: Lexis-Nexis. (KF3120.P47
2012).
Written for practicing lawyers and law students, this item touches on core patent issues,
addresses recent developments, and cites key court cases.
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Takach, G.F. (1993). Patents: a Canadian Compendium of Law and Practice. Edmonton: Juriliber.
(KF3114.T35 1993).
Focusing on the origins of patent law, this item addresses the unique context of
Canadian patent and highlights key patent basics.
Hughes, R.T. (2007). Patent Legislation & Commentary. Markham, ON. Lexis-Nexis.
(KF3114.P384).
Providing a solid assessment of recent patent developments, this item reviews courts
cases and highlights upcoming Patent Act amendments.
Barrigar, R.H. (2004). Canadian Patent Act Annotated. Aurora, ON: Canada Law Book.
(KF3114.C353 2004).
Provides compressive annotation and commentary on Canada’s Patent Act.
Cameron, D. (2007). Intellectual Property Law Primer: Focus on Patent Law. Toronto: Law
Society of Upper Canada. (KF3114.A2I58 2007).
Published by the Law Society of Upper Canada, this primer address Canada’s patent
system and procedures.
MacOrdrum, D.H. (2002). Patent Law in Canada: Cases and Materials. Toronto: Lang Michner.
Created as a teaching aid to assist students, this item is ideal for those new to the
patent field and basic patent principles.
Mueller, J.M. (2009). Patent Law. New York: Aspen Publishers. (KF3114.M84 2009).
Providing a basic overview of American patent law, this item is suited for students keen
to learn about patent outside of the Canadian context.
Robin, J. & Alexander, D. (2004). A Guidebook to Intellectual Property. London: Sweet &
Maxwell. (KF3114.3.B63 2004).
This item provides a practical introduction to patent law and intellectual property in
the United Kingdom.
Drahos, P. (2010). The Global Governance of Knowledge: Patent Offices and Their Clients.
Cambridge: Cambridge University Press. (K1505.D73 2010).
Addressing the global patent climate, this item explores the function of patent offices
around the world.
Legislation and Treaties
Legislation and treaties governing Canadian patent law are presented here. A basic
understanding of legislation is crucial to understanding Canadian patent law.
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Government of Canada. (2012). Patent Act (R.S.C., 1985, c. P-4). Retrieved from http://lawslois.justice.gc.ca/eng/acts/P-4/index.html
The Patent Act governs patent law in Canada. The act sets out requirements for
patentability and formulates the basic nature of patents.
Government of Canada. (2012). Patent Rules (SOR/96-423). Retrieved from http://lawslois.justice.gc.ca/eng/regulations/SOR-96-423/index.html
Various collections of rules, regulations, amendments, and updates are featured in the
Patent Rules.
WIPO. (2012). Patent Cooperation Treaty (PCT). Retrieved from
http://www.wipo.int/pct/en/texts/index.htm#pct
The 1970 PCT is an international treaty ratified by Canada. It allows Canadian inventors
to seek patent protection outside of Canada.
Case Law
A basic understanding of case law is critical. A selection of recent case law is presented below,
consider exploring the Westlaw Canada and Quicklaw for additional cases.
Westlaw Canada. (2010). Teva Neuroscience G.P.-S.E.N.C. v. Canada (Attorney General).
Retrieved from http://www.westlawcanada.com/
In this ongoing case, the parties are debating the price at which patented medical drugs
can be sold.
Westlaw Canada. (2006). Astrazeneca Canada Inc. v. Canada (Minister of Health). Retrieved
from http://www.westlawcanada.com/
Astrazeneca Canada Inc developed and marketed a medical drug. When another
company began to create a copy-cat version of this drug, the parties went to court.
Westlaw Canada. (2004). Apotex Inc. v. Eli Lilly & Co. Retrieved from
http://www.westlawcanada.com/
In this case, a conflict regarding production and sale of generic pharmaceutical products.
Government Resources
Government publications are valuable sources of authoritative information. CIPO and WIPO
have published an impressive array of material on domestic and international patent law.
CIPO. (2012). A Guide to Patents. Retrieved from
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00102.html
A comprehensive guide, published by CIPO, intended to educate inventors about the
basics of patent law.
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CIPO. (2012). Canadian Patents Database. Retrieved from http://brevets-patents.ic.gc.ca/opiccipo/cpd/eng/introduction.html
CIPO’s patent database allows a search of Canadian patent descriptions. Past and
current patent descriptions are searchable in this database.
CIPO. (2012). Glossary of Patent Terms. Retrieved from
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00143.html
A helpful, practical, and useful patent glossary prepared by CIPO.
WIPO. (2012). WIPO Patents. Retrieved from http://www.wipo.int/patentscope/en/
WIPO provides a notable overview of patent basics and the PCT. Key differences in
patent law between countries are addressed.
Journals, Newsletters, and Conferences
Developments in the patent law field are discussed in journals, conference proceedings, and
newsletters. Call numbers are included after each citation.
CIPO. (2012). Canadian Patent Office Record. Retrieved from
http://www.ic.gc.ca/cipo/patgazarc.nsf/cpor-eng?readForm
Published weekly by CIPO, this online bulletin features new patents, applications, and
important notices.
Intellectual Property Institute of Canada. (2012). Canadian Intellectual Property Review = Revue
Canadienne De Propriété Intellectuelle. Retrieved from http://www.lib.uwo.ca/.
(K3.A465)
Covering all aspects of intellectual property in Canada, this journal is published by the
Intellectual Property Institute of Canada.
Franklin Pierce Law Center. (2012). IDEA: Intellectual Property Law Review. Retrieved from
http://www.lib.uwo.ca/. (K9.D445).
Published by the Franklin Pierce Law Center, this journal is available online and in paper
copy at the library.
University of San Francisco. (2012). Intellectual Property Law Bulletin. Retrieved from
http://www.lib.uwo.ca/
Published by University of San Francisco law students, this item is available online
through the Western Libraries website.
Law Society of Upper Canada. (2011). 16th Annual Intellectual Property Law Conference: The
Year in Review. Retrieved from http://www.lib.uwo.ca/. (KF2979.A2I6226 2012).
The proceedings of the Annual Intellectual Property Law review are available in paper
copy and feature a discussion of current developments in the intellectual property field.
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Canada Law Book. (2012). Canadian patent reporter. Retrieved from http://www.lib.uwo.ca/.
(KE2915.8.C355).
Published weekly, this item is available in paper copy at the library and features
commentary on recent patents court cases.
Blogs and Internet Resources
Patent law is a rapidly developing, changing, and evolving legal field. Authoritative scholarship
can be located in many legal blogs. Consider exploring the blogosphere when doing research.
CBC. (2006). In-depth: Patents. Retrieved from http://www.cbc.ca/news/background/patents/
An in-depth overview of the basics of patent law, the CBC is a valuable source for
background information and recent developments.
French, D (2012). Canada Patent Blog. Retrieved from http://canadapatentblog.com/
Written by intellectual property lawyer David French, this blog explores Canadian
patent law and cases.
Geist, M. (2012). Michael Geist Blog. Retrieved from http://www.michaelgeist.ca/
Well known scholar Michael Geist explores a range of intellectual property issues in his
popular blog.
Mizera, A. (2012). C’est Patent. Retrieved from http://cestepatent.wordpress.com/
A bilingual blog written by Adam Mizera, this blog explores patent issues in
Canada and Quebec.
Stobbe, R. (2012). IpBlog.ca. Retrieved from http://www.ipblog.ca/
Written by intellectual property Lawyer Robert Stobbe, this Calgary based blog explores
Canadian intellectual property issues.
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