Patent Act (R.S.C., 1985, c. P-4)

Act current to 2016-11-21 and last amended on 2016-06-24. Previous Versions

Offences and Punishment

 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 26]

Marginal note:Offences

 Every person who

  • (a) without the consent of the patentee, writes, paints, prints, moulds, casts, carves, engraves, stamps or otherwise marks on anything made or sold by him, and for the sole making or selling of which he is not the patentee, the name or any imitation of the name of any patentee for the sole making or selling of that thing,

  • (b) without the consent of the patentee, writes, paints, prints, moulds, casts, carves, engraves, stamps or otherwise marks on anything not purchased from the patentee, the words “Patent”, “Letters Patent”, “Queen’s (or King’s) Patent”, “Patented” or any word or words of like import, with the intent of counterfeiting or imitating the stamp, mark or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the consent of the patentee, or

  • (c) with intent to deceive the public offers for sale as patented in Canada any article not patented in Canada,

is guilty of an indictable offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., c. P-4, s. 78.
Marginal note:False representations, false entries, etc.

 Every person who, in relation to the purposes of this Act and knowing it to be false,

  • (a) makes any false representation,

  • (b) makes or causes to be made any false entry in any register or book,

  • (b.1) submits or causes to be submitted, in an electronic form, any false document, false information or document containing false information,

  • (c) makes or causes to be made any false document or alters the form of a copy of any document, or

  • (d) produces or tenders any document containing false information,

is guilty of an indictable offence and liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.

  • R.S., 1985, c. P-4, s. 76;
  • 1993, c. 15, s. 53.
Marginal note:Offence respecting patented medicines
  •  (1) Every person who contravenes or fails to comply with section 80, 81, 82 or 88 or any order made thereunder is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both; and

    • (b) in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

  • Marginal note:Idem

    (2) Every person who contravenes or fails to comply with section 84 or any order made under section 83 is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both; and

    • (b) in the case of a corporation, to a fine not exceeding one hundred thousand dollars.

  • Marginal note:Limitation period

    (3) Proceedings for an offence under subsection (1) or (2) may be commenced within, but not later than, two years after the time when the subject-matter of the proceedings arose.

  • Marginal note:Continuing offence

    (4) Where an offence under subsection (1) or (2) is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

  • 1993, c. 2, s. 6.

Miscellaneous Matters

 [Repealed, 1993, c. 15, s. 54]

Marginal note:Time limit deemed extended
  •  (1) Where any time limit or period of limitation specified under or pursuant to this Act expires on a day when the Patent Office is closed for business, that time limit or period of limitation shall be deemed to be extended to the next day when the Patent Office is open for business.

  • Marginal note:When Patent Office closed for business

    (2) The Patent Office shall be closed for business on Saturdays and holidays and on such other days as the Minister by order declares that it shall be closed for business.

  • Marginal note:Publication

    (3) Every order made by the Minister under subsection (2) shall be published in the Canadian Patent Office Record as soon as possible after it is made.

  • R.S., c. P-4, s. 81.

Transitional Provisions

Marginal note:Patent applications filed before October 1, 1989

 Applications for patents in Canada filed before October 1, 1989 shall be dealt with and disposed of in accordance with section 38.1 and with the provisions of this Act as they read immediately before October 1, 1989.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 3.
Marginal note:Patents issued before October 1, 1989
  •  (1) Subject to subsection (3), any matter arising on or after October 1, 1989 in respect of a patent issued before that date shall be dealt with and disposed of in accordance with sections 38.1 and 45 and with the provisions of this Act, other than section 46, as they read immediately before October 1, 1989.

  • Marginal note:Patents issued on or after October 1, 1989 on the basis of previously filed applications

    (2) Subject to subsection (3), any matter arising on or after October 1, 1989 in respect of a patent issued on or after that date on the basis of an application filed before that date shall be dealt with and disposed of in accordance with sections 38.1, 45, 46 and 48.1 to 48.5 and with the provisions of this Act, other than section 46, as they read immediately before October 1, 1989.

  • Marginal note:Application

    (3) The provisions of this Act that apply as provided in subsections (1) and (2) shall be read subject to any amendments to this Act, other than the amendments that came into force on October 1, 1989 or October 1, 1996.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 3.
Marginal note:Previous version of section 43 applies
  •  (1) Where a conflict, as defined in section 43 as it read immediately before October 1, 1989, exists between an application for a patent in Canada filed before October 1, 1989 (the “earlier application”) and an application for a patent in Canada filed on or after that date (the “later application”) and

    • (a) the later application is filed by a person who is entitled to protection under the terms of any treaty or convention relating to patents to which Canada is a party and who has previously regularly filed in or for any other country that by treaty, convention or law affords similar protection to citizens of Canada an application for a patent describing the same invention,

    • (b) the later application is filed within twelve months after the filing of the previously regularly filed application,

    • (c) the applicant in the later application has made a request for priority in respect of that application on the basis of the previously regularly filed application, and

    • (d) the earlier application is filed after the filing of the previously regularly filed application,

    the applicant having the earlier date of invention shall be entitled to a patent and the applications shall be dealt with and disposed of in accordance with section 43, as it read immediately before October 1, 1989.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if

    • (a) the earlier application is filed by a person who is entitled to protection under the terms of any treaty or convention relating to patents to which Canada is a party and who has previously regularly filed in or for any other country that by treaty, convention or law affords similar protection to citizens of Canada an application for a patent describing the same invention;

    • (b) the earlier application is filed within twelve months after the filing of the previously regularly filed application mentioned in paragraph (a);

    • (c) the applicant in the earlier application has made a request for priority in respect of that application on the basis of the previously regularly filed application mentioned in paragraph (a); and

    • (d) the previously regularly filed application mentioned in paragraph (a) was filed before the filing of the previously regularly filed application mentioned in subsection (1).

  • 1993, c. 15, s. 55.
Marginal note:Patent applications filed on or after October 1, 1989

 Applications for patents in Canada filed on or after October 1, 1989, but before October 1, 1996, shall be dealt with and disposed of in accordance with subsection 27(2) as it read immediately before October 1, 1996 and with the provisions of this Act as they read on October 1, 1996.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 4.
 
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