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#intellectual-property-law
Added: 2 months ago

Can an existing patent be challenged in Canada?

Can the validity of existing patent protection granted to somebody else be challenged after the fact?


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Dominic Alfred

IP and Technology Lawyer, Alfred Law


In Canada, there is no formal interference or opposition procedure available to challenge a competitor's patent application. There is however, a mechanism for one party to provide information to the patent office in an effort to prevent a patent being granted, a procedure known as a "protest".


Answered: 2 months ago