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Patent Act (Canada)

The Patent Act is Canadian federal legislation and is one of the main pieces of Canadian legislation governing patent law in Canada. It sets out the criteria for patentability, what can and cannot be patented in Canada, the process for obtaining a Canadian patent, and provides for the enforcement of Canadian patent rights.

Purpose
The purpose of a patent is to protect inventions. Patents provide the owner of a patent with the exclusive right to make, use and sell a patented invention. These restrictions form a system of encouraging economic and technical growth. The patent is a contract between the inventor and the government who represents society. The inventor obtains a monopoly limited to a 20-year term of producing and selling the patent. Society gains disclosure of the invention and free use of it after the patent expires. ==History==
History
The first patent in Canada was granted by the legislature of Quebec in 1791. No official patent act followed until about 30 years later when Upper and Lower Canada enacted patent acts in the 1820s. ==Applicable subject matter==
Applicable subject matter
Patents apply to physical inventions and process, but not literary works, most software and other forms of intellectual property. For more information see patentable subject matter in Canada. ==Patent enforcement==
Patent enforcement
It is the responsibility of patent owners to enforce their patents. This is done by taking potential offenders to court to determine if the patent has been infringed and obtain compensation. Court action can be very expensive and can deter people from enforcing their patents. The cost of a patent infringement action in Canada can run from several hundred thousand dollars to several million dollars, depending on the complexity of the case. ==References and notes==
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