Fox on the Law of Patents, Fifth Edition is the pre-eminent text for patent lawyers and agents in Canada.

The fourth edition has been repeatedly cited by courts including the Supreme Court of Canada. However, since its publication in 1969, there have been significant changes in Canadian patent law, including major statutory revisions in 1989 and 1996 and significant statutory amendments in 2017, 2018 and 2019 and a complete revision of the Patent Rules in 2019 and significant amendments effective in 2022.

The new edition brings the statement of the law up to date while retaining the jurisprudence, as compiled by Dr. Fox, to the extent that it remains relevant.

Topics covered in this edition include

Invention
The subject matter of patents

Obviousness:
- The difference between obviousness and anticipation
- Development of the requirement for non-obviousness
- Test for obviousness or lack of invention under the old Act
- Statutory test for obviousness under the current Act

Novelty
- Requirements of disclosure and enablement in cases of
  - public use or sale or
  - patent, publication or other disclosure
- Old Act tests for novelty
Utility
The patent specification
- Description of the invention and its operation and use
- The nature and function of the claims
- Claims broader than the invention made or disclosed

The construction of patents
- Rules of construction of a patent
- Some specific issues concerning construction of a patent

Application for a patent — The Patent Office and the Commissioner of Patents:
- The Patent Office and the Commissioner of Patents
- Inventors and Joint Inventors
- Patent agents
- Communications with the Patent Office
- The application
- Prosecution of a patent application
- Appeal and judicial review of decisions of the Commissioner
International patent protection
Reissue, disclaimer, correction by the Commissioner and by the Court, re-examination and dedication

Infringement
- Infringing subject matter - infringement of the claims as construed
- Infringing activities
- Title Issues relating to infringement

Remedies for infringement
- Issues relating to an election between damages and an account of profits
- Damages
- An Account of the profits of the infringer
- Reasonable compensation for damages for the period between publication of an application and its grant
- Punitive damages
- Injunction
Actions for threats of patent infringement
College of Patent Agents and Trademark Agents

Books

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Fox on the Canadian Law of Patents, Fifth Edition

Fox on the Canadian Law of Patents, Fifth Edition