Presumption of validity in Canadian patent law

The presumption of validity refers to the fact that, once a patent has been issued, the courts will presume that it is valid, unless there is evidence to the contrary.

Canadian patent law
Patentability
Patentable subject-matter Novelty Non-obviousness Utility Sufficiency of disclosure Presumption of validity
Infringement
Patent infringement Defences and remedies
Legal texts
Patent Act Manual of Patent Office Practice (MOPOP)
Governmental organization
Canadian Intellectual Property Office (CIPO)
Categories
Canadian patent law Canadian patent case law

Patent law
Overviews
Patents History Economics Societal views
Basic concepts
Application Prosecution Opposition Licensing Infringement Valuation Patent claims
Patentability
Novelty Inventive step and non-obviousness Inventorship Industrial applicability Patentable subject matter Person skilled in the art Prior art Utility
Additional requirements
Sufficiency of disclosure Unity of invention
By region / country
Patent Cooperation Treaty (PCT) Australia Canada China Europe Germany Japan Netherlands United States
By specific subject matter
Biological Business method Chemical Insurance Software Tax
See also
Category Glossary

Canada

Section 43(2) of the Patent Act[1] creates the presumption of validity:

After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term mentioned in section 44 or 45, whichever is applicable.

In Diversified Products Corp v Tye-Sil Corp, the Federal Court of Appeal held that the presumption of validity merely gives rise to an evidential burden on a balance of probabilities.

References

Canadian Patent Act, RSC 1985, c P-4, s 43(2).

Canadian law
Sources	Constitution Federal statutes Provincial statutes
Core areas	Constitutional Administrative Criminal Contract Tort Property
Other areas	Aboriginal Civil and human rights Family Immigration and refugees Intellectual property Copyright Patent Trademark Labour and employment Maritime
Courts	Supreme Court Federal Court Appeal Courts of Appeal Superior Courts Provincial
Education	Law school Law School Admission Test Call to the bar

This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.