Pre-litigation steps of putting parties on notice of allegations of patent infringement are common in Canada. Avoiding the cost and time of litigation though early resolution can make such notice very worthwhile, but recent decisions highlight risks of make aggressive claims of patent infringement.
In amendments to the Patent Act made in 2018, new sections create a framework for regulating the contents of patent infringement demand letters, but as of the date of this article implementing regulations have not been introduced. Section 76.2 added in 2018, states, “Any written demand received by a person in Canada, that relates to an . . . [more]