Novelty and non-obviousness in Canadian patent law

Canadian patent law
Patentability
Patentable subject-matter Novelty Non-obviousness Utility Sufficiency of disclosure Presumption of validity
Infringement
Patent infringement Defences and remedies
Legal texts
Patent Act Manual of Patent Office Practice (MOPOP)
Governmental organization
Canadian Intellectual Property Office (CIPO)
Categories
Canadian patent law Canadian patent case law
v t e

For a patent to be valid in Canada, the invention claimed therein needs to be new and inventive. In patent law, these requirements are known as novelty and non-obviousness. A patent cannot in theory be granted for an invention without meeting these basic requirements or at least, if a patent which does not meet these requirements is granted, it cannot later be maintained. These requirements are borne out of a combination of statute and case law.