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Added: 7 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: 7 months ago