of the infringement, having deducted the variable expenses associated with making the infringing product. Only an increase in fixed expenses as a result of the infringing product can be deducted from the profits. Special cases in patent law If a patent is granted, the patent holder may sue for any patent infringement that occurred between the publication of the specifications of the invention and the grant of the patent. Section 55(2) of the Patent Act states: Note that the remedies that a patent holder can receive are of a lower standard than for a post-grant patent infringement. While s 55(2) asks for "reasonable compensation", s 55(1) asks for "all damage sustained" by the patentee. What compensation is considered reasonable will depend on the facts of the case. References Canadian patent law