Patent Infringement and Limitation Periods

Patent Infringement and Limitation Periods

Claims for infringement of a patent have an unusual place when it comes to limitation periods. A recent decision of the Alberta Court of Appeal has provided some clarity to this issue but there is still uncertainty as to limitation periods for infringement claims. Most provinces have legislation that impose a limitation period on claims. For example, in Ontario, the Limitations Act provides that, “a proceeding shall not be commenced in respect o…