Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-07-22 and last amended on 2013-06-26. Previous Versions

Marginal note:Invention must not be obvious

 The subject-matter defined by a claim in an application for a patent in Canada must be subject-matter that would not have been obvious on the claim date to a person skilled in the art or science to which it pertains, having regard to

  • (a) information disclosed more than one year before the filing date by the applicant, or by a person who obtained knowledge, directly or indirectly, from the applicant in such a manner that the information became available to the public in Canada or elsewhere; and

  • (b) information disclosed before the claim date by a person not mentioned in paragraph (a) in such a manner that the information became available to the public in Canada or elsewhere.

  • 1993, c. 15, s. 33.