Patent Act (R.S.C., 1985, c. P-4)

Act current to 2016-04-12 and last amended on 2015-06-17. Previous Versions

Marginal note:Electronic or other submission of documents, information or fees
  •  (1) Subject to the regulations, any document, information or fee that is authorized or required to be submitted to the Commissioner under this Act may be submitted in electronic or other form in any manner specified by the Commissioner.

  • Marginal note:Time of receipt

    (2) For the purposes of this Act, any document, information or fee submitted in accordance with subsection (1) is deemed to be received by the Commissioner at the time provided by the regulations.

  • 1993, c. 15, s. 27.
Marginal note:Storage of documents or information in electronic or other form

 Subject to the regulations, any document or information received by the Commissioner under this Act in electronic or other form may be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored documents or information in intelligible form within a reasonable time.

  • 1993, c. 15, s. 27.
Marginal note:Destroyed or lost patents

 If any patent is destroyed or lost, a certified copy may be issued in lieu thereof on payment of the prescribed fee.

  • R.S., c. P-4, s. 9.
Marginal note:Inspection by the public
  •  (1) Subject to subsections (2) to (6) and section 20, all patents, applications for patents and documents filed in connection with patents or applications for patents shall be open to public inspection at the Patent Office, under such conditions as may be prescribed.

  • Marginal note:Confidentiality period

    (2) Except with the approval of the applicant, an application for a patent, or a document filed in connection with the application, shall not be open to public inspection before a confidentiality period of eighteen months has expired.

  • Marginal note:Beginning of confidentiality period

    (3) The confidentiality period begins on the filing date of the application or, where a request for priority has been made in respect of the application, it begins on the earliest filing date of any previously regularly filed application on which the request is based.

  • Marginal note:Withdrawal of request

    (4) Where a request for priority is withdrawn on or before the prescribed date, it shall, for the purposes of subsection (3) and to the extent that it is withdrawn, be considered never to have been made.

  • Marginal note:Withdrawn applications

    (5) An application shall not be open to public inspection if it is withdrawn in accordance with the regulations on or before the prescribed date.

  • Marginal note:Prescribed date

    (6) A prescribed date referred to in subsection (4) or (5) must be no later than the date on which the confidentiality period expires.

  • R.S., 1985, c. P-4, s. 10;
  • R.S., 1985, c. 33 (3rd Supp.), s. 2;
  • 1993, c. 15, s. 28.
Marginal note:Patents issued out of Canada

 Notwithstanding the exception in section 10, the Commissioner, on the request of any person who states in writing the name of the inventor, if available, the title of the invention and the number and date of a patent said to have been granted in a named country other than Canada, and who pays or tenders the prescribed fee, shall inform that person whether an application for a patent of the same invention is or is not pending in Canada.

  • R.S., c. P-4, s. 11.

Rules and Regulations

Marginal note:Rules and regulations
  •  (1) The Governor in Council may make rules or regulations

    • (a) respecting the form and contents of applications for patents;

    • (b) respecting the form of the Register of Patents and of the indexes thereto;

    • (c) respecting the registration of assignments, transmissions, disclaimers, judgments or other documents relating to any patent;

    • (d) respecting the form and contents of any certificate issued pursuant to this Act;

    • (e) prescribing the fees or the manner of determining the fees that may be charged in respect of the filing of applications for patents or the taking of other proceedings under this Act or under any rule or regulation made pursuant to this Act, or in respect of any services or the use of any facilities provided thereunder by the Commissioner or any person employed in the Patent Office;

    • (f) prescribing the fees or the manner of determining the fees that shall be paid to maintain in effect an application for a patent or to maintain the rights accorded by a patent;

    • (g) respecting the payment of any prescribed fees including the time when and the manner in which such fees shall be paid, the additional fees that may be charged for the late payment of such fees and the circumstances in which any fees previously paid may be refunded in whole or in part;

    • (h) for carrying into effect the terms of any treaty, convention, arrangement or engagement that subsists between Canada and any other country;

    • (i) for carrying into effect, notwithstanding anything in this Act, the Patent Cooperation Treaty done at Washington on June 19, 1970, including any amendments, modifications and revisions made from time to time to which Canada is a party;

    • (j) respecting the entry on, the maintenance of and the removal from the register of patent agents of the names of persons and firms, including the qualifications that must be met and the conditions that must be fulfilled by a person or firm before the name of the person or firm is entered thereon and to maintain the name of the person or firm on the register;

    • (j.1) respecting the submission of documents, information or fees under section 8.1, including

      • (i) the documents, information or fees that may be submitted in electronic or other form under that section,

      • (ii) the persons or classes of persons by whom they may be submitted, and

      • (iii) the time at which they are deemed to be received by the Commissioner;

    • (j.2) respecting the entering or recording of any document or information under section 8.2;

    • (j.3) prescribing the manner in which an application for a patent may be withdrawn and, for the purposes of subsections 10(4) and (5), prescribing the date, or the manner of determining the date, on or before which a request for priority or an application for a patent must be withdrawn;

    • (j.4) respecting requests for priority, including

      • (i) the period within which priority must be requested,

      • (ii) the manner in which and period within which the Commissioner must be informed of the matters referred to in subsection 28.4(2),

      • (iii) the documentation that must be filed in support of requests for priority, and

      • (iv) the withdrawal of requests for priority;

    • (j.5) respecting the time within which requests for examination must be made and prescribed fees must be paid under subsection 35(1);

    • (j.6) respecting the deposit of biological material for the purposes of section 38.1;

    • (j.7) respecting the manner in which amendments may be made to specifications or drawings furnished as part of an application for a patent;

    • (j.8) authorizing the Commissioner to extend, subject to any prescribed terms and conditions, the time fixed by or under this Act for doing anything where the Commissioner is satisfied that the circumstances justify the extension;

    • (k) prescribing any other matter that by any provision of this Act is to be prescribed; and

    • (l) generally, for carrying into effect the objects and purposes of this Act or for ensuring the due administration thereof by the Commissioner and other officers and employees of the Patent Office.

  • Marginal note:Effect

    (2) Any rule or regulation made by the Governor in Council has the same force and effect as if it had been enacted herein.

  • R.S., 1985, c. P-4, s. 12;
  • R.S., 1985, c. 33 (3rd Supp.), s. 3;
  • 1993, c. 15, s. 29.

Seal

Marginal note:Seal of office
  •  (1) The Commissioner shall cause a seal to be made for the purposes of this Act and may cause to be sealed therewith every patent and other instrument and copy thereof issuing from the Patent Office.

  • Marginal note:Seal to be evidence

    (2) Every court, judge and person shall take notice of the seal of the Patent Office, shall admit the impressions thereof in evidence in like manner as the impressions of the Great Seal are admitted in evidence and shall take notice of and admit in evidence, without further proof and without production of the originals, all copies or extracts certified under the seal of the Patent Office to be copies of or extracts from documents deposited in that Office.

  • R.S., c. P-4, s. 13.
 
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