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302 Patent Infringement Patent infringement occurs when, for example, someone makes, uses, or sells a patented invention without the permission of the owner. Generally speaking, for a patent infringement to occur, someone must make, use, or sell the invention in a country where the inventor holds a patent, without the direct or indirect permission of the owner. The Canadian Patent Office will not prevent other people from infringing on your patent. It is up to the owner of a patented invention to ensure that no one else uses it.
Your invention is also protected for a period of time after the patent application is filed but before a patent is granted. This protection is only available for inventions that are eventually patented. If you receive a patent, you can sue someone for infringing your patent for an infringement that occurred after the day that your application is published. If you can prove that they infringed your patent, the court can order them to stop using your invention and to pay you compensation.
- What to do if someone infringes your patentIf someone infringes your patent and you wish to pursue legal action, you should contact a lawyer. Whether the court agrees that an infringement has occurred will largely depend on the wording you used to define the invention in your patent application. This is why it is so important to clearly define your invention when you file an application for a patent. Also, it is important to be aware that patents are always open to re-examination or other forms of attack. This means that the person who infringes your patent may well argue that your patent is invalid. You should contact a lawyer for advise if someone has made, used, or sold your patented invention without your permission.