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In Canadian patent law, inventions must be useful, in addition to novel and non-obvious, in order to be patented.〔(''Canadian Patent Act'', RSC 1985, c P-4, s 2.'' )〕 ==General principles== Although utility can be demonstrated by commercial success, it only requires that the invention is directed to a practical use and that it does what is indicated in the patent. The mechanism underlying an invention's function does not need to be disclosed in the patent. If a mechanism is proposed in the patent but is subsequently disproven, the patent is not invalidated.〔David Vaver, ''Intellectual Property Law: Copyrights, Patents, Trade-Marks'', 2d ed (Toronto: Irwin Law, 2011).〕 An invention is useful if it does what it promises; following the directions should result in the desired effect. The inventor does not have to have created the product of the invention, but the specifications must disclose an actual way to do so.〔''X v Canada (Commissioner of Patents)'' (1981), 59 CPR (2d) 7, () FCJ No 1013.〕 A patent is addressed to a person skilled in the art, and any prior art and knowledge that such a person would have can be taken into consideration when the patent is being interpreted by the courts.〔''Burton Parsons Chemicals Inc v Hewlett Packard (Canada) Inc'' (1974), 54 DLR (3d) 711, () 1 SCR 555.〕 If a patent’s scope is so broad that a person skilled in the art could follow its specifications and not get the useful result, the invention is not useful.〔''Minerals Separation North American Corp v Noranda Mines Ltd'' (1952), 15 CPR 133, () JCJ No 2.〕 To be valid, a patent’s usefulness must be established, whether by demonstration or by sound prediction, at the time of the patent application. Any evidence of utility after this date is irrelevant, regardless of when the patent’s validity is challenged. Later proof of an invention’s inutility can be used to invalidate a patent.〔''Apotex Inc v Wellcome Foundation Ltd'', 2002 SCC 77, () 4 SCR 153.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Utility in Canadian patent law」の詳細全文を読む スポンサード リンク
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