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CPATA Patent Knowledge study materials
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CPATA Patent Knowledge practice questions

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Question 1Canadian Patent Act and Patent Rules

Under the Canadian Patent Act, what is the maximum term of a patent granted on an application filed today, measured from the filing date?

  1. 10 years
  2. 17 years
  3. 20 years Correct answer.
  4. 25 years

Explanation

The Patent Act provides a patent term of 20 years from the filing date of the application. The older 17-year term measured from grant was replaced for applications filed on or after October 1, 1989.

Question 2Canadian Patent Act and Patent Rules

Which entity is responsible for granting patents in Canada?

  1. The Federal Court of Canada
  2. Innovation, Science and Economic Development Canada
  3. The Canadian Intellectual Property Office Correct answer.
  4. The Patent Appeal Board

Explanation

CIPO, operating as the Patent Office under the Commissioner of Patents, examines applications and grants patents. The Federal Court hears appeals and infringement actions but does not grant patents.

Question 3Canadian Patent Act and Patent Rules

In Canadian patent law, what does the "first-to-file" system mean for entitlement?

  1. The first applicant to file a complete application is entitled to the patent if the other requirements are met Correct answer.
  2. The first person to commercialize the invention is entitled
  3. The first person to publicly disclose the invention is entitled
  4. The first person to invent is always entitled regardless of filing date

Explanation

Canada awards the patent to the applicant who files first, subject to the other conditions of patentability. Inventorship and commercialization do not determine priority between competing applicants.

Question 4Canadian Patent Act and Patent Rules

What is the standard novelty requirement for an invention to be patentable in Canada?

  1. The invention must not be sold in Canada before filing
  2. The invention must be kept secret until grant
  3. The invention must not have been disclosed to the public before the claim date, subject to any applicable grace period Correct answer.
  4. The invention must be different from anything the applicant has seen

Explanation

Novelty under the Patent Act turns on whether the invention was disclosed to the public before the claim date, subject to the statutory grace period. Sale is only one possible form of disclosure.

Question 5Canadian Patent Act and Patent Rules

Which of the following is a statutory category of patentable subject matter under the Patent Act?

  1. Scientific principles
  2. Mere schemes
  3. Compositions of matter Correct answer.
  4. Methods of medical treatment

Explanation

The Act lists inventions as any new and useful art, process, machine, manufacture or composition of matter. Scientific principles and abstract schemes are excluded, and methods of medical treatment are treated as non-patentable in Canada.

Question 6Canadian Patent Act and Patent Rules

What is the effect of a patent once granted and in force?

  1. It gives the patentee a monopoly that lasts indefinitely if renewed
  2. It prevents anyone from ever researching the claimed technology
  3. It automatically grants worldwide protection
  4. It gives the patentee the exclusive right to make, use and sell the invention for the term, subject to the Act Correct answer.

Explanation

A patent confers exclusive rights to make, construct, use and sell the invention for the statutory term within Canada. These rights are territorial and subject to exceptions and licensing.

Question 7Canadian Patent Act and Patent Rules

Which fee must a patentee pay to keep a granted patent in force in Canada?

  1. A single renewal fee every five years
  2. No fees are required after grant
  3. Annual maintenance fees Correct answer.
  4. A reinstatement fee each year

Explanation

Maintenance fees are payable annually to keep a patent in force, and failure to pay can result in the patent lapsing. Reinstatement is possible in limited circumstances but is not the routine annual obligation.

Question 8Canadian Patent Act and Patent Rules

What is a "claim" in a Canadian patent specification?

  1. A statement defining the scope of the exclusive right sought or granted Correct answer.
  2. A summary of the background art
  3. A list of the inventors
  4. An abstract of the disclosure

Explanation

Claims define the metes and bounds of the invention and thus the scope of protection. The description supports and explains the claims but does not itself define the exclusive right.

Question 9Canadian Patent Act and Patent Rules

An inventor discloses the invention at a trade show in Canada on March 1 and files a Canadian application on October 1 of the same year. How does the Patent Act treat this disclosure?

  1. The disclosure is excused only if the inventor files a PCT application first
  2. The disclosure falls within the grace period and does not defeat novelty Correct answer.
  3. The disclosure is excused only if the inventor files within 30 days
  4. The disclosure destroys novelty because any public disclosure is fatal

Explanation

The Patent Act provides a 12-month grace period for disclosures made by the inventor or by someone who obtained the information from the inventor. A filing seven months later is within that period.

Question 10Canadian Patent Act and Patent Rules

Two inventors independently make the same invention. Inventor A files a Canadian application on May 1; Inventor B files on June 1. Who is entitled to the patent, all else being equal?

  1. Inventor A, because the first to file is entitled Correct answer.
  2. Both, as co-patentees
  3. Inventor B, because B invented independently
  4. Neither, because the invention is no longer novel

Explanation

Under the first-to-file system, the earlier applicant is entitled where the applications claim the same invention. Independent invention by the later filer does not displace the first filer.

Question 11Canadian Patent Act and Patent Rules

An applicant wants to add new technical details to the description after filing to broaden the claims. What is the general rule under the Patent Rules?

  1. Amendments may add new matter before publication only
  2. Amendments must not add matter that goes beyond the disclosure as originally filed Correct answer.
  3. Amendments may add any new matter as long as claims are narrowed
  4. Amendments may add new matter if a fee is paid

Explanation

Amendments are constrained by the requirement that they not introduce matter not reasonably inferable from the original disclosure. Added subject matter can also affect priority and validity.

Question 12Canadian Patent Act and Patent Rules

What is the purpose of the request for examination in Canadian practice?

  1. To request that the application be published early
  2. To request reinstatement of a lapsed patent
  3. To ask the Patent Office to examine the application for compliance with the Act and Rules Correct answer.
  4. To appeal an examiner's final action

Explanation

Examination is not automatic; the applicant must request it within the prescribed time. Failure to do so results in the application being deemed abandoned.

Question 13Canadian Patent Act and Patent Rules

An examiner issues a final action rejecting the claims. What is the applicant's primary route to challenge that decision within the Patent Office?

  1. Request a review by the Patent Appeal Board Correct answer.
  2. File a statement of claim in the Federal Court immediately
  3. Ask the Commissioner to override the examiner
  4. File a new application claiming the same priority

Explanation

The applicant may request that the Commissioner review the examiner's decision, which is heard by the Patent Appeal Board. Court proceedings follow only after the Board's decision.

Question 14Canadian Patent Act and Patent Rules

How does the Patent Act treat a method of surgically treating a patient to cure a disease?

  1. It is patentable if the surgeon is named as inventor
  2. It is patentable only if performed in a hospital
  3. It is generally not patentable as a method of medical treatment Correct answer.
  4. It is patentable as a process if it is novel

Explanation

Canadian practice treats methods of medical treatment as outside patentable subject matter, though claims to substances or devices used in treatment may be patentable. Novelty alone does not overcome this exclusion.

Question 15Canadian Patent Act and Patent Rules

What does the "person skilled in the art" standard govern in Canadian patent law?

  1. The calculation of maintenance fees
  2. The choice of official language for the application
  3. The determination of the patent term
  4. The assessment of obviousness and sufficiency of disclosure Correct answer.

Explanation

The notional skilled person provides the reference point for judging whether an invention is obvious and whether the specification enables the claimed invention. It does not affect procedural or fee matters.

Question 16Canadian Patent Act and Patent Rules

An applicant files a Canadian application and later realizes the specification omits an essential feature needed for the claims to work. What is the likely consequence?

  1. The claims may be found insufficient and invalid Correct answer.
  2. The patent term is extended to compensate
  3. The application is automatically allowed
  4. The omission is cured by paying a late fee

Explanation

The specification must describe the invention and enable a skilled person to make and use it. If an essential feature is missing such that the claims cannot be practised, sufficiency is compromised.

Question 17Canadian Patent Act and Patent Rules

Which statement best describes the requirement that claims be "clear and concise"?

  1. Claims must define the invention distinctly so a skilled reader can determine their scope Correct answer.
  2. Claims must be written in fewer than 100 words
  3. Claims must avoid all technical terms
  4. Claims must be limited to a single embodiment

Explanation

Claims must distinctly and explicitly define the subject matter so that scope is ascertainable. There is no fixed word limit, and multiple embodiments may be covered.

Question 18Canadian Patent Act and Patent Rules

What is the significance of the claim date in assessing prior art?

  1. It sets the date the patent expires
  2. It marks the date the patent is published
  3. It determines when maintenance fees begin
  4. It fixes the point in time against which novelty and obviousness are measured Correct answer.

Explanation

Prior art is assessed as of the claim date, which is generally the filing date or the priority date where priority is validly claimed. Term and fees are calculated differently.

Question 19Canadian Patent Act and Patent Rules

An applicant claims priority from an earlier US application filed 14 months before the Canadian filing. What is the result?

  1. The priority claim is valid only for process claims
  2. The priority claim is valid if a fee is paid
  3. The priority claim is valid because Canada allows 24 months
  4. The priority claim is not valid because it exceeds the 12-month convention period Correct answer.

Explanation

Priority under the Paris Convention must generally be claimed within 12 months of the first application. A 14-month gap falls outside that period absent an applicable exception.

Question 20Canadian Patent Act and Patent Rules

How does the Patent Act treat an invention that was described in a printed publication anywhere in the world before the claim date?

  1. It is prior art only if published in Canada
  2. It may be prior art that defeats novelty, subject to the grace period Correct answer.
  3. It is never prior art if the inventor was unaware of it
  4. It is prior art only if published in English or French

Explanation

Prior art is global in scope and is not limited by language or place of publication. The inventor's knowledge is irrelevant except as the grace period may apply to certain disclosures.

Question 21Canadian Patent Act and Patent Rules

An examiner objects that a claim covers a mere scientific principle embodied in software. What is the key question for patentability?

  1. Whether the claim as a whole provides a practical application or technical solution rather than an abstract principle Correct answer.
  2. Whether the software is written in a compiled language
  3. Whether the software is sold in Canada
  4. Whether the inventor is a natural person

Explanation

Canadian analysis asks whether the claimed subject matter is a practical application amounting to more than an abstract principle or theorem. Implementation details like language or place of sale are not the test.

Question 22Canadian Patent Act and Patent Rules

A patentee discovers a competitor is making the patented product in Canada without a licence. Which cause of action is most directly available under the Patent Act?

  1. Breach of confidence
  2. Patent infringement Correct answer.
  3. Trademark depreciation
  4. Passing off

Explanation

Making, using or selling a patented invention without authorization constitutes infringement under the Patent Act. Passing off and confidence claims address different wrongs.

Question 23Canadian Patent Act and Patent Rules

What is the effect of a "purposive" claim construction approach in Canadian patent litigation?

  1. The court reads the claim in context through the eyes of a skilled person to determine its meaning Correct answer.
  2. The court ignores the specification when reading claims
  3. The court adopts the literal dictionary meaning of each word in isolation
  4. The court defers entirely to the patentee's interpretation

Explanation

Purposive construction identifies the intent of the inventor as expressed in the claims read in light of the whole specification. It rejects purely literal or purely patentee-driven readings.

Question 24Canadian Patent Act and Patent Rules

Which document must an applicant file to obtain a filing date for a Canadian patent application?

  1. A marketing brochure describing the product
  2. Only a description without claims
  3. Only a drawing of the invention
  4. A petition, a specification including at least one claim, and any required drawings Correct answer.

Explanation

A filing date requires the prescribed elements, including a petition, a specification with at least one claim, and drawings where necessary. A description alone without claims is insufficient.

Question 25Canadian Patent Act and Patent Rules

What is the role of the abstract in a Canadian patent application?

  1. It provides a brief technical summary for searching and does not define the scope of protection Correct answer.
  2. It lists the prior art references
  3. It defines the legal scope of the patent
  4. It replaces the claims if the claims are unclear

Explanation

The abstract is a bibliographic summary used for information retrieval and does not affect the scope of protection. Scope is defined by the claims.

Question 26Canadian Patent Act and Patent Rules

Under the Canadian Patent Act, which entity ultimately holds the power to grant a patent on an application that has been allowed?

  1. The applicant's patent agent of record
  2. The Commissioner of Patents Correct answer.
  3. The Federal Court of Canada
  4. The examiner who conducted the prosecution

Explanation

The Commissioner of Patents is the statutory officer who grants patents under the Patent Act, acting through the Patent Office. Examiners recommend allowance, but the grant itself issues in the Commissioner's authority. Neither agents nor courts grant patents.

Question 27Canadian Patent Act and Patent Rules

In Canadian practice, what is the role of the Patent Office's notice of allowance in the life of an application?

  1. It signals that prosecution is concluded and the applicant must then complete any required steps, such as paying the final fee, before the patent issues Correct answer.
  2. It starts a fresh examination cycle in which new prior art may be cited
  3. It immediately confers enforceable patent rights from the date printed on the notice
  4. It replaces the claims with the examiner's suggested wording automatically

Explanation

A notice of allowance indicates the application has been found allowable, but the patent does not issue until the applicant satisfies the remaining requirements, notably payment of the final fee within the prescribed period. Rights only arise on grant. Examination does not restart after allowance.

Question 28Canadian Patent Act and Patent Rules

An applicant is a small entity when filing but, before paying the final fee, has licensed the invention to a large entity manufacturer. How should the final fee be handled under the Patent Rules?

  1. Pay the small entity fee and refund the difference after grant
  2. Abandon the application and refile as a large entity
  3. Continue paying small entity fees because status is fixed at filing
  4. Pay the standard (large entity) fee and notify the Office of the change in entity status Correct answer.

Explanation

Entity status must be accurate at the time each fee is paid. If the applicant no longer qualifies as a small entity, the standard fee applies and the change should be reported. Status is not frozen at the filing date.

Question 29Canadian Patent Act and Patent Rules

Which statement best describes the Canadian requirement that the specification's description be sufficient?

  1. It must describe the invention and its operation or use in terms full enough that a person skilled in the art could make and use it Correct answer.
  2. It must identify every prior art reference known to the applicant
  3. It must disclose the best mode known to the inventor with particular emphasis on commercial embodiments
  4. It must include the results of any testing performed by the inventor

Explanation

The description must enable a skilled person to make and use the claimed invention. Canadian law focuses on enablement rather than a distinct best-mode obligation or mandatory disclosure of test data or prior art.

Question 30Canadian Patent Act and Patent Rules

A Canadian application is filed without drawings, but the specification refers to a figure that is needed to understand the invention. What is the consequence under the Patent Rules?

  1. The examiner supplies the missing drawing from the prior art
  2. The reference to the figure is simply deleted and the application proceeds unchanged
  3. The application is automatically void and a new filing date is assigned
  4. The application may be accorded a filing date but the applicant will be required to furnish the drawings, and the filing date may be affected if they are not supplied in time Correct answer.

Explanation

Drawings necessary to understand the invention are part of the application, and the Office will require missing drawings to be furnished within a set period. Failure to comply can shift the filing date to the date the drawings are received. The application is not automatically void.

Question 31Canadian Patent Act and Patent Rules

Which best describes the Canadian treatment of a sequence listing in a biotechnology application?

  1. It replaces the written description for the sequenced portions
  2. It forms part of the description and must comply with the prescribed format and submission requirements Correct answer.
  3. It is optional and has no bearing on sufficiency
  4. It is treated as a separate document outside the specification with no disclosure effect

Explanation

Where nucleotide or amino acid sequences are disclosed, a sequence listing is part of the description and must meet prescribed formatting and filing requirements. It contributes to the disclosure but does not replace the rest of the description.

Question 32Canadian Patent Act and Patent Rules

An applicant wants to correct a clerical error in the inventor's name after the application has been filed. What is the appropriate Canadian approach?

  1. Withdraw the application and refile, keeping the original filing date
  2. Request the correction from the Commissioner with supporting evidence, since corrections of clerical errors are permitted Correct answer.
  3. Wait for the examiner to raise it in an office action and then amend
  4. File a voluntary divisional application naming the correct inventor

Explanation

The Patent Act allows the Commissioner to correct clerical errors in documents filed in the Office on request and with satisfactory proof. A divisional or refiling is unnecessary and would not preserve the original date for the corrected name.

Question 33Canadian Patent Act and Patent Rules

What is the effect of recording an assignment of a patent application with the Patent Office?

  1. It provides notice of the transfer of rights, and the recorded owner is recognized for subsequent dealings before the Office Correct answer.
  2. It transfers the inventor's moral rights to the assignee
  3. It restarts the examination period
  4. It is a precondition for the patent to be valid once granted

Explanation

Recording an assignment gives public notice and allows the Office to deal with the recorded owner. Validity of the granted patent does not depend on recording, and moral rights are not transferred by a patent assignment.

Question 34Canadian Patent Act and Patent Rules

A patentee fails to pay a maintenance fee on a granted Canadian patent by the due date. Which statement reflects the Patent Act's mechanism?

  1. The patent is transferred to the Crown until the fee is paid
  2. The patent is void ab initio and cannot be restored
  3. The patent remains in force but the claims are narrowed
  4. The patent lapses, but the patentee may apply to have it restored within the prescribed period on payment of the fee and any additional fee Correct answer.

Explanation

Missing a maintenance fee causes the patent to lapse, but the Act provides a restoration procedure within a set period upon payment of the required fees. The patent is not void from the outset.

Question 35Canadian Patent Act and Patent Rules

Which of the following is a recognized ground on which a third party may apply to the Commissioner to reissue or to have a patent invalidated in an administrative proceeding?

  1. The patentee failed to advertise the patent in trade journals
  2. The patentee charged too high a price for the product
  3. The specification does not comply with the disclosure requirements of the Act Correct answer.
  4. The patentee assigned the patent without notifying competitors

Explanation

Non-compliance with the disclosure and specification requirements is a basis for attacking validity. Pricing, advertising, and private notice to competitors are not statutory grounds.

Question 36Canadian Patent Act and Patent Rules

A Canadian application claims priority from an earlier application. What must the applicant generally provide to the Office to perfect the priority claim?

  1. A new oath from each inventor restating the priority claim
  2. A copy of the earlier application or access to it, together with any required fee and statement of the priority claim within the prescribed time Correct answer.
  3. A declaration that the earlier application has been abandoned
  4. A certified translation of all prior art cited in the earlier application

Explanation

To rely on priority, the applicant must identify the earlier application and provide the required copy or access and fee within the prescribed period. Translations of prior art and abandonment declarations are not required for this purpose.

Question 37Canadian Patent Act and Patent Rules

Which statement best captures how the Canadian Patent Act treats an invention whose commercial exploitation would violate public order or morality?

  1. It is patentable if the claims are technically clear
  2. It is patentable only if the inventor is a Canadian resident
  3. It is patentable but the patent is unenforceable
  4. Such an invention is excluded from patentability Correct answer.

Explanation

The Act excludes inventions the commercial exploitation of which would be contrary to public order or morality. The exclusion concerns patentability itself, not merely enforceability or residency.

Question 38Canadian Patent Act and Patent Rules

An applicant wishes to pursue claims to a second invention disclosed in the application that the examiner considers distinct from the first claimed invention. What is the usual Canadian procedural response?

  1. File one or more divisional applications before the original application issues, each with its own filing date tied to the original Correct answer.
  2. Request that the examiner merge the inventions into one claim
  3. Appeal directly to the Federal Court without filing a divisional
  4. Amend the original claims to cover both inventions in a single claim set

Explanation

Where unity of invention is lacking, the applicant may file divisional applications, which retain the original filing date. Combining distinct inventions in one claim set does not cure the unity objection.

Question 39Canadian Patent Act and Patent Rules

Which statement accurately describes the Commissioner's power regarding a patent that has been granted with a defective specification?

  1. The Commissioner may unilaterally revoke the patent without any hearing
  2. The Commissioner may transfer the patent to a competitor
  3. The Commissioner may extend the patent term as compensation
  4. The Commissioner may reissue the patent to correct the defect, subject to the statutory conditions and timing Correct answer.

Explanation

The Act permits reissue to correct errors in the specification where the statutory conditions are met, including timing limits. The Commissioner cannot simply revoke without process, extend the term, or reassign the patent.

Question 40Canadian Patent Act and Patent Rules

What is the significance of the patent's filing date for the term of a Canadian patent?

  1. The term is measured from the filing date, subject to any applicable transitional rules Correct answer.
  2. The term runs from the date the inventor conceived the invention
  3. The term runs from the date the examiner allows the application
  4. The term runs from the date the patent is advertised in the Canadian Patent Office Record

Explanation

The patent term is calculated from the filing date, with transitional rules applying to applications filed before the current term provisions took effect. Allowance, advertisement, and conception do not set the term.

Question 41Patentability and validity (subject matter, novelty, obviousness, utility)

Under the Canadian Patent Act, which of the following is expressly excluded from the definition of an invention?

  1. A mere scientific principle or abstract theorem Correct answer.
  2. A new and useful composition of matter
  3. A process for manufacturing a chemical compound
  4. A new and useful machine for sorting ore

Explanation

Section 2 of the Patent Act defines invention to include art, process, machine, manufacture, and composition of matter, but expressly excludes any mere scientific principle or abstract theorem. A practical application of a principle may be patentable, but the principle itself is not.

Question 42Patentability and validity (subject matter, novelty, obviousness, utility)

Which statutory provision sets out the core definition of 'invention' for the purposes of the Canadian Patent Act?

  1. Section 2 Correct answer.
  2. Section 27(8)
  3. Section 28.2
  4. Section 28.3

Explanation

Section 2 is the interpretation provision that defines invention as any new and useful art, process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. The other cited sections address distinct requirements such as non-patentable subject matter and novelty and obviousness.

Question 43Patentability and validity (subject matter, novelty, obviousness, utility)

A claimed invention must be useful in the sense required by the Patent Act. Which statement best captures the Canadian utility requirement?

  1. The invention must have been reduced to commercial practice before the filing date.
  2. The invention must be commercially profitable within one year of filing.
  3. The invention must operate as described and not be contrary to the public interest. Correct answer.
  4. The invention must be superior to all prior art devices in the same field.

Explanation

Utility requires that the invention operate as described in the specification and not be contrary to law or public morality. Commercial success and physical reduction to practice are not prerequisites to utility.

Question 44Patentability and validity (subject matter, novelty, obviousness, utility)

Which date is the 'claim date' that governs novelty and obviousness assessments for a Canadian patent application?

  1. The date the patent is granted
  2. The date the application is laid open to public inspection
  3. The date the inventor first conceived of the invention
  4. The filing date of the application, or the priority date where priority is properly claimed Correct answer.

Explanation

Under section 28.1, the claim date is the filing date of the application, subject to an earlier priority date validly claimed under the Paris Convention or an applicable treaty. Conception and grant dates are not the reference points for novelty or obviousness.

Question 45Patentability and validity (subject matter, novelty, obviousness, utility)

For an invention to be novel under section 28.2, the claimed subject matter must not have been disclosed in a manner that makes it available to the public. Which disclosure is capable of destroying novelty?

  1. An unpublished internal laboratory notebook kept secret
  2. A confidential disclosure to a single business partner under a non-disclosure agreement
  3. A disclosure made by the inventor after the claim date
  4. An enabling disclosure published anywhere in the world before the claim date Correct answer.

Explanation

Novelty is defeated by a prior disclosure that makes the invention available to the public anywhere in the world before the claim date, provided the disclosure is enabling. Secret or confidential disclosures do not make information available to the public.

Question 46Patentability and validity (subject matter, novelty, obviousness, utility)

Which of the following best describes the test for obviousness codified in section 28.3 of the Patent Act?

  1. Whether the invention differs in any way from the prior art
  2. Whether the inventor exercised more than ordinary diligence in developing the invention
  3. Whether the differences between the claimed invention and the prior art would have been obvious to a person skilled in the art at the claim date Correct answer.
  4. Whether the invention has achieved commercial success in the marketplace

Explanation

Section 28.3 asks whether the subject matter would have been obvious to a person skilled in the art having regard to information available at the claim date. The inquiry considers the differences between the claimed invention and the prior art through the eyes of the notional skilled person.

Question 47Patentability and validity (subject matter, novelty, obviousness, utility)

The 'person skilled in the art' is a central construct in obviousness analysis. Which description best reflects this notional person?

  1. An ordinary worker with no relevant technical training
  2. The inventor who actually filed the application
  3. A Nobel laureate in the relevant scientific discipline
  4. A skilled technician or professional with the common general knowledge of the field at the claim date, lacking inventive ingenuity Correct answer.

Explanation

The person skilled in the art is a notional skilled worker possessing the relevant technical knowledge and common general knowledge of the field, but devoid of inventive capacity. This construct frames whether the differences from the prior art would have been obvious.

Question 48Patentability and validity (subject matter, novelty, obviousness, utility)

Which of the following is a recognized category of 'invention' under the Patent Act?

  1. A bare scientific principle
  2. A scheme or plan of business with no technical implementation
  3. An improvement to a known machine Correct answer.
  4. A method of medical treatment of a human patient

Explanation

The definition of invention expressly includes any new and useful improvement of an art, process, machine, manufacture, or composition of matter. Medical treatment methods and business schemes raise separate subject-matter concerns, and principles are excluded.

Question 49Patentability and validity (subject matter, novelty, obviousness, utility)

An inventor publicly demonstrated a working prototype at an international trade show and then filed a Canadian application twelve months later. Absent any applicable exception, what is the effect of that demonstration on novelty?

  1. It has no effect because the demonstration was made by the inventor.
  2. It is irrelevant because trade show demonstrations are always privileged.
  3. It only matters if the demonstration was recorded in writing.
  4. It destroys novelty because the enabling public disclosure occurred before the claim date. Correct answer.

Explanation

Canada's novelty requirement is generally absolute, so an enabling public disclosure anywhere in the world before the claim date anticipates the claim regardless of who made it. The inventor's own prior public demonstration can therefore defeat novelty unless a recognized exception applies.

Question 50Patentability and validity (subject matter, novelty, obviousness, utility)

A single prior art document discloses a genus of compounds but does not disclose the specific compound claimed. Which principle governs whether that document anticipates the claim?

  1. A genus disclosure always anticipates every species within it.
  2. A prior document anticipates only if it discloses the claimed subject matter so that it can be performed, and a genus does not necessarily disclose each species. Correct answer.
  3. Anticipation requires disclosure in at least two independent documents.
  4. Anticipation requires that the prior document expressly state the invention is novel.

Explanation

Anticipation requires that the prior disclosure, if performed, would necessarily result in the claimed invention. A broad genus does not automatically disclose every member, so a specific species may remain novel unless the genus clearly identifies it.