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Patent Law in Canada

Description: This quiz will test your knowledge of Patent Law in Canada.
Number of Questions: 15
Created by:
Tags: patent law canada intellectual property
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What is the term of a patent in Canada?

  1. 15 years

  2. 20 years

  3. 25 years

  4. 30 years


Correct Option: B
Explanation:

The term of a patent in Canada is 20 years from the date of filing.

What are the requirements for obtaining a patent in Canada?

  1. The invention must be new, useful, and non-obvious.

  2. The invention must be capable of industrial application.

  3. The invention must not be contrary to public order or morality.

  4. All of the above.


Correct Option: D
Explanation:

In order to obtain a patent in Canada, the invention must be new, useful, and non-obvious, capable of industrial application, and not contrary to public order or morality.

What is the process for obtaining a patent in Canada?

  1. File a patent application with the Canadian Intellectual Property Office (CIPO).

  2. Wait for CIPO to examine the application and issue a patent.

  3. Pay the required fees.

  4. All of the above.


Correct Option: D
Explanation:

The process for obtaining a patent in Canada involves filing a patent application with CIPO, waiting for CIPO to examine the application and issue a patent, and paying the required fees.

What are the rights of a patent holder in Canada?

  1. The right to make, use, and sell the invention.

  2. The right to license others to make, use, and sell the invention.

  3. The right to sue for infringement of the patent.

  4. All of the above.


Correct Option: D
Explanation:

A patent holder in Canada has the right to make, use, and sell the invention, the right to license others to make, use, and sell the invention, and the right to sue for infringement of the patent.

What are the defenses to a patent infringement lawsuit in Canada?

  1. The invention was not new, useful, or non-obvious.

  2. The invention was not capable of industrial application.

  3. The invention was contrary to public order or morality.

  4. All of the above.


Correct Option: D
Explanation:

The defenses to a patent infringement lawsuit in Canada include that the invention was not new, useful, or non-obvious, that the invention was not capable of industrial application, and that the invention was contrary to public order or morality.

What are the remedies for patent infringement in Canada?

  1. An injunction to stop the infringement.

  2. Damages for the infringement.

  3. An accounting of the profits from the infringement.

  4. All of the above.


Correct Option: D
Explanation:

The remedies for patent infringement in Canada include an injunction to stop the infringement, damages for the infringement, and an accounting of the profits from the infringement.

What is the difference between a patent and a copyright?

  1. A patent protects an invention, while a copyright protects an artistic work.

  2. A patent lasts for 20 years, while a copyright lasts for the life of the author plus 50 years.

  3. A patent can be renewed, while a copyright cannot.

  4. All of the above.


Correct Option: D
Explanation:

A patent protects an invention, while a copyright protects an artistic work. A patent lasts for 20 years, while a copyright lasts for the life of the author plus 50 years. A patent can be renewed, while a copyright cannot.

What is the difference between a patent and a trademark?

  1. A patent protects an invention, while a trademark protects a brand name.

  2. A patent lasts for 20 years, while a trademark lasts for 10 years.

  3. A patent can be renewed, while a trademark can be renewed indefinitely.

  4. All of the above.


Correct Option: D
Explanation:

A patent protects an invention, while a trademark protects a brand name. A patent lasts for 20 years, while a trademark lasts for 10 years. A patent can be renewed, while a trademark can be renewed indefinitely.

What is the difference between a patent and a design patent?

  1. A patent protects an invention, while a design patent protects the ornamental design of an article.

  2. A patent lasts for 20 years, while a design patent lasts for 10 years.

  3. A patent can be renewed, while a design patent cannot.

  4. All of the above.


Correct Option: D
Explanation:

A patent protects an invention, while a design patent protects the ornamental design of an article. A patent lasts for 20 years, while a design patent lasts for 10 years. A patent can be renewed, while a design patent cannot.

What is the difference between a patent and a plant patent?

  1. A patent protects an invention, while a plant patent protects a new variety of plant.

  2. A patent lasts for 20 years, while a plant patent lasts for 20 years.

  3. A patent can be renewed, while a plant patent can be renewed.

  4. All of the above.


Correct Option: D
Explanation:

A patent protects an invention, while a plant patent protects a new variety of plant. A patent lasts for 20 years, while a plant patent lasts for 20 years. A patent can be renewed, while a plant patent can be renewed.

What is the difference between a patent and a utility model?

  1. A patent protects an invention, while a utility model protects a new and useful process, machine, manufacture, or composition of matter.

  2. A patent lasts for 20 years, while a utility model lasts for 10 years.

  3. A patent can be renewed, while a utility model cannot.

  4. All of the above.


Correct Option: D
Explanation:

A patent protects an invention, while a utility model protects a new and useful process, machine, manufacture, or composition of matter. A patent lasts for 20 years, while a utility model lasts for 10 years. A patent can be renewed, while a utility model cannot.

What is the difference between a patent and a trade secret?

  1. A patent is a public record, while a trade secret is a secret.

  2. A patent lasts for 20 years, while a trade secret can last indefinitely.

  3. A patent can be enforced by a lawsuit, while a trade secret can be enforced by a contract.

  4. All of the above.


Correct Option: D
Explanation:

A patent is a public record, while a trade secret is a secret. A patent lasts for 20 years, while a trade secret can last indefinitely. A patent can be enforced by a lawsuit, while a trade secret can be enforced by a contract.

What is the difference between a patent and a patent application?

  1. A patent is a grant of rights from the government, while a patent application is a request for a patent.

  2. A patent lasts for 20 years, while a patent application does not.

  3. A patent can be enforced by a lawsuit, while a patent application cannot.

  4. All of the above.


Correct Option: D
Explanation:

A patent is a grant of rights from the government, while a patent application is a request for a patent. A patent lasts for 20 years, while a patent application does not. A patent can be enforced by a lawsuit, while a patent application cannot.

What is the difference between a patent and a provisional patent application?

  1. A patent is a grant of rights from the government, while a provisional patent application is a temporary application that gives the applicant 12 months to file a regular patent application.

  2. A patent lasts for 20 years, while a provisional patent application does not.

  3. A patent can be enforced by a lawsuit, while a provisional patent application cannot.

  4. All of the above.


Correct Option: D
Explanation:

A patent is a grant of rights from the government, while a provisional patent application is a temporary application that gives the applicant 12 months to file a regular patent application. A patent lasts for 20 years, while a provisional patent application does not. A patent can be enforced by a lawsuit, while a provisional patent application cannot.

What is the difference between a patent and a non-provisional patent application?

  1. A patent is a grant of rights from the government, while a non-provisional patent application is a complete patent application that includes all of the information required for the patent to be granted.

  2. A patent lasts for 20 years, while a non-provisional patent application does not.

  3. A patent can be enforced by a lawsuit, while a non-provisional patent application cannot.

  4. All of the above.


Correct Option: D
Explanation:

A patent is a grant of rights from the government, while a non-provisional patent application is a complete patent application that includes all of the information required for the patent to be granted. A patent lasts for 20 years, while a non-provisional patent application does not. A patent can be enforced by a lawsuit, while a non-provisional patent application cannot.

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