Patent Law - Patenting a Better Mouse Trap

Patent Law - Patenting a Better Mouse Trap

Patent law refers to the legal rules that apply to patents. The Canadian Patent Act defines an "invention" as "any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter." To be patentable, an invention must also be non-obvious. The Canadian Patent Act specifically excludes from patent protection scientific principles or abstract theorems.

According to the patent definition an invention can be a product (such as a mouse trap), a composition (such as a chemical composition used as bait in a mouse trap), an apparatus (such as a mechanism for capturing mice) or a process (such as a method for making the mouse trap), or an improvement on any of these.

A patent contains a description of the invention (often including one or several drawings) followed by one or more claims that define the scope of protection provided by the patent.

Patent infringement happens if someone makes, uses, or sells your patented item without your permission in a country that has granted you a patent, during the term of the patent.

If you believe your patent is infringed, you may sue for damages and litigate. The defendant may argue that infringement did not occur, or attack the validity of your patent. The court will decide who is right, based largely on the wording of the claims. If what the defendant is doing is not within the wording of any of the claims of your patent, or if the patent is declared to be invalid, there is no infringement.

Patent law infringement cases are common especially in the tech world.

The world's largest software developer is appealing a $240-million U.S. jury verdict against it for infringing on a patent held by a small Toronto-based software firm. The large developer was selling versions of Word that contained the disputed patent technology. The U.S. jury granted an injunction against the large software developer. The developer is working to adjust versions of Word to comply with the injunction while it appeals the decision.

A well-known phone tech giant is involved in several patent infringement disputes over claims that its digital camera technology was used in it and a competitor's phone.

An Israeli-based pharmaceutical company sold a generic version of an acid reflux drug. A jury ruled that the generic drug maker infringed on the original licensing of the drug. Damages are in the hundreds of millions but the case has not been concluded and the judge still needs to address patent law issues.

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