be influenced by the seller to the point where, without this influence, infringement by the buyer would not otherwise take place. The influence must be knowingly exercised by the seller, i.e., the seller knows that this influence will result in the completion of the act of infringement. Unlike in America and Britain, it is not an infringement to produce or sell an unpatented replacement part, even if the only possible use for that replacement part is in a patented invention. To establish indirect infringement, it must be shown that the alleged inducer knowingly exercised influence that would result in direct infringement. In MacLennan v. Produits Gilbert Inc., the manufacturer of replacement parts was found to have knowingly induced patent infringement by indicating its intended use in its competitor's product when selling the components. Standing: Right to Sue Subsection 55(1) of the Patent Act provides standing to the patentee and any person "claiming under" the patentee to sue for damages: The question of who qualifies as a person "claiming under" a patentee has been analyzed numerous times by Canadian courts. In particular, the Supreme Court of Canada has confirmed that a non-exclusive licensee may sue for patent infringement. In another leading case, the Federal Court of Appeal broadened the pool of persons "claiming under" the patentee: [...] a person “claiming under” the patentee is a person who derives his rights to use the patented invention, at whatever degree, from the patentee. The right to use an invention is one the monopoly to which is conferred by a patent. When a breach of that right is asserted by a person who can trace his title in a direct line back to the patentee, that person is “claiming under” the patentee. It matters not by what technical means the acquisition of the right to use may have taken place. It may be a straightforward assignment or a licence. It may, as I have indicated, be a sale of an article embodying the invention. It may also be a lease thereof. What matters is that the claimant asserts a right in the monopoly and that the source of that right may be traced back to the patentee. [...] Significant Canadian patent cases Pfizer Canada Inc. v. Canada (Health), 2007 FC 898 (5 October 2007) See also Patent infringement Defences, remedies in Canadian patent law References Canadian patent law Canadian intellectual property law