Patent Act (R.S.C., 1985, c. P-4)

Act current to 2015-11-16 and last amended on 2015-06-17. Previous Versions


Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

  • 1993, c. 44, s. 190.


Marginal note:Patent Office

 There shall be attached to the Department of Industry, or to such other department of the Government of Canada as may be determined by the Governor in Council, an office called the Patent Office.

  • R.S., 1985, c. P-4, s. 3;
  • 1992, c. 1, s. 145(F);
  • 1995, c. 1, s. 63.
Marginal note:Commissioner of Patents
  •  (1) The Governor in Council may appoint a Commissioner of Patents who shall, under the direction of the Minister, exercise the powers and perform the duties conferred and imposed on that officer by or pursuant to this Act.

  • Marginal note:Duties of Commissioner

    (2) The Commissioner shall receive all applications, fees, papers, documents and models for patents, shall perform and do all acts and things requisite for the granting and issuing of patents of invention, shall have the charge and custody of the books, records, papers, models, machines and other things belonging to the Patent Office and shall have, for the purposes of this Act, all the powers that are or may be given by the Inquiries Act to a commissioner appointed under Part II of that Act.

  • Marginal note:Tenure of office and salary

    (3) The Commissioner holds office during pleasure and shall be paid such annual salary as may be determined by the Governor in Council.

  • Marginal note:Delegation

    (4) The Commissioner may, after consultation with the Minister, delegate to any person he deems qualified any of his powers, duties and functions under this Act, except the power to delegate under this subsection.

  • Marginal note:Appeal

    (5) Any decision under this Act of a person authorized to make the decision pursuant to subsection (4) may be appealed in the like manner and subject to the like conditions as a decision of the Commissioner under this Act.

  • R.S., c. P-4, s. 4;
  • 1984, c. 40, s. 57.
Marginal note:Assistant Commissioner
  •  (1) An Assistant Commissioner of Patents may be appointed in the manner authorized by law and shall be a technical officer experienced in the administration of the Patent Office.

  • Marginal note:Absence or inability to act

    (2) When the Commissioner is absent or unable to act, the Assistant Commissioner, or, if he also is at the same time absent or unable to act, another officer designated by the Minister, may exercise the powers and shall perform the duties of the Commissioner.

  • R.S., c. P-4, s. 5.