Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-12-08 and last amended on 2013-06-26. Previous Versions

 [Repealed, 1993, c. 2, s. 3]

REFUSAL OF PATENTS

Marginal note:Refusal by Commissioner

 Whenever the Commissioner is satisfied that an applicant is not by law entitled to be granted a patent, he shall refuse the application and, by registered letter addressed to the applicant or his registered agent, notify the applicant of the refusal and of the ground or reason therefor.

  • R.S., c. P-4, s. 42.
Marginal note:Appeal to Federal Court

 Every person who has failed to obtain a patent by reason of a refusal of the Commissioner to grant it may, at any time within six months after notice as provided for in section 40 has been mailed, appeal from the decision of the Commissioner to the Federal Court and that Court has exclusive jurisdiction to hear and determine the appeal.

  • R.S., 1985, c. P-4, s. 41;
  • R.S., 1985, c. 33 (3rd Supp.), s. 16.

GRANT OF PATENTS

Marginal note:Contents of patent

 Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall, subject to this Act, grant to the patentee and the patentee’s legal representatives for the term of the patent, from the granting of the patent, the exclusive right, privilege and liberty of making, constructing and using the invention and selling it to others to be used, subject to adjudication in respect thereof before any court of competent jurisdiction.

  • R.S., 1985, c. P-4, s. 42;
  • R.S., 1985, c. 33 (3rd Supp.), s. 16.

FORM AND TERM OF PATENTS

Marginal note:Form and duration of patents
  •  (1) Subject to section 46, every patent granted under this Act shall be issued under the seal of the Patent Office, and shall bear on its face the filing date of the application for the patent, the date on which the application became open to public inspection under section 10, the date on which the patent is granted and issued and any prescribed information.

  • Marginal note:Validity of patent

    (2) After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term mentioned in section 44 or 45, whichever is applicable.

  • R.S., 1985, c. P-4, s. 43;
  • R.S., 1985, c. 33 (3rd Supp.), s. 16;
  • 1993, c. 15, s. 42.
Marginal note:Term of patents based on applications filed on or after October 1, 1989

 Subject to section 46, where an application for a patent is filed under this Act on or after October 1, 1989, the term limited for the duration of the patent is twenty years from the filing date.

  • R.S., 1985, c. P-4, s. 44;
  • R.S., 1985, c. 33 (3rd Supp.), s. 16;
  • 1993, c. 15, s. 42.