What happens if someone infringed your patent application after you have filed your patent application but before it is granted? In many instances, this can be a surprisingly long period of time – typically several years. It can also be a crucial time in the development and commercialization for a new company. The Patent Act provides some relief, but you can only get a remedy after the patent has granted.
As an example, for patents granted in 2019, the median duration patent applications are pending between filing (international or national filing date) and grant at the Canadian Intellectual Patent Office . . . [more]