Patent infringement
Patent infringement is making, using, selling or importing an invention protected by a Canadian patent without the patent owner's permission while the patent is in force. Patent rights are territorial, so a Canadian patent is infringed only by activity in Canada.
How BC law treats it
Patents are governed by the federal Patent Act, RSC 1985, c P-4. Infringement claims can be brought in the Federal Court or a provincial superior court, and remedies include injunctions, damages or an accounting of profits.
What it means for your business
Before launching a product, consider a freedom to operate search to check for existing patents.
Risks and common mistakes
Copying a competitor's product feature without checking for patents can lead to an injunction that halts sales.
For the full explanation, see our entry on Patent.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
