Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-10-27 and last amended on 2013-06-26. Previous Versions

Marginal note:Term of patents based on applications filed before October 1, 1989
  •  (1) Subject to section 46, where an application for a patent is filed under this Act before October 1, 1989, the term limited for the duration of the patent is seventeen years from the date on which the patent is issued.

  • Marginal note:Term from date of issue or filing

    (2) Where the term limited for the duration of a patent referred to in subsection (1) had not expired before the day on which this section came into force, the term is seventeen years from the date on which the patent is issued or twenty years from the filing date, whichever term expires later.

  • R.S., 1985, c. P-4, s. 45;
  • R.S., 1985, c. 33 (3rd Supp.), s. 16;
  • 1993, c. 15, s. 42;
  • 2001, c. 10, s. 1.
Marginal note:Maintenance fees
  •  (1) A patentee of a patent issued by the Patent Office under this Act after the coming into force of this section shall, to maintain the rights accorded by the patent, pay to the Commissioner such fees, in respect of such periods, as may be prescribed.

  • Marginal note:Lapse of term if maintenance fees not paid

    (2) Where the fees payable under subsection (1) are not paid within the time provided by the regulations, the term limited for the duration of the patent shall be deemed to have expired at the end of that time.

  • R.S., 1985, c. P-4, s. 46;
  • R.S., 1985, c. 33 (3rd Supp.), s. 16;
  • 1993, c. 15, s. 43.

REISSUE OF PATENTS

Marginal note:Issue of new or amended patents
  •  (1) Whenever any patent is deemed defective or inoperative by reason of insufficient description and specification, or by reason of the patentee’s claiming more or less than he had a right to claim as new, but at the same time it appears that the error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, the Commissioner may, on the surrender of the patent within four years from its date and the payment of a further prescribed fee, cause a new patent, in accordance with an amended description and specification made by the patentee, to be issued to him for the same invention for the then unexpired term for which the original patent was granted.

  • Marginal note:Effect of new patent

    (2) The surrender referred to in subsection (1) takes effect only on the issue of the new patent, and the new patent and the amended description and specification have the same effect in law, on the trial of any action thereafter commenced for any cause subsequently accruing, as if the amended description and specification had been originally filed in their corrected form before the issue of the original patent, but, in so far as the claims of the original and reissued patents are identical, the surrender does not affect any action pending at the time of reissue or abate any cause of action then existing, and the reissued patent to the extent that its claims are identical with the original patent constitutes a continuation thereof and has effect continuously from the date of the original patent.

  • Marginal note:Separate patents for separate parts

    (3) The Commissioner may entertain separate applications and cause patents to be issued for distinct and separate parts of the invention patented, on payment of the fee for a reissue for each of the reissued patents.

  • R.S., c. P-4, s. 50.