Patent Impeachment Actions

The Federal Court may declare a patent or patent claim to be invalid or void at the instance of the Attorney General of Canada or by any “interested person” (e.g., competitor). An alleged infringer may also seek a declaration of non-infringement. Relief may be sought by action or by counterclaim to an existing patent infringement suit. The procedure on an action is described in our Resource pertaining to patent infringement actions. Declarations of invalidity are recorded in the Patent Office against the patent and operate in rem.