Patent Act (R.S.C., 1985, c. P-4)

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

Marginal note:Jurisdiction of Federal Court

 The Federal Court has jurisdiction, on the application of the Commissioner or of any person interested, to order that any entry in the records of the Patent Office relating to the title to a patent be varied or expunged.

  • R.S., c. P-4, s. 54;
  • R.S., c. 10(2nd Supp.), s. 64.

LEGAL PROCEEDINGS IN RESPECT OF PATENTS

Marginal note:Void in certain cases, or valid only for parts
  •  (1) A patent is void if any material allegation in the petition of the applicant in respect of the patent is untrue, or if the specification and drawings contain more or less than is necessary for obtaining the end for which they purport to be made, and the omission or addition is wilfully made for the purpose of misleading.

  • Marginal note:Exception

    (2) Where it appears to a court that the omission or addition referred to in subsection (1) was an involuntary error and it is proved that the patentee is entitled to the remainder of his patent, the court shall render a judgment in accordance with the facts, and shall determine the costs, and the patent shall be held valid for that part of the invention described to which the patentee is so found to be entitled.

  • Marginal note:Copies of judgment

    (3) Two office copies of the judgment rendered under subsection (1) shall be furnished to the Patent Office by the patentee, one of which shall be registered and remain of record in the Office and the other attached to the patent and made a part of it by a reference thereto.

  • R.S., c. P-4, s. 55.

INFRINGEMENT

Marginal note:Jurisdiction of courts
  •  (1) An action for the infringement of a patent may be brought in that court of record that, in the province in which the infringement is said to have occurred, has jurisdiction, pecuniarily, to the amount of the damages claimed and that, with relation to the other courts of the province, holds its sittings nearest to the place of residence or of business of the defendant, and that court shall decide the case and determine the costs, and assumption of jurisdiction by the court is of itself sufficient proof of jurisdiction.

  • Marginal note:Jurisdiction of Federal Court

    (2) Nothing in this section impairs the jurisdiction of the Federal Court under section 20 of the Federal Courts Act or otherwise.

  • R.S., 1985, c. P-4, s. 54;
  • 2002, c. 8, s. 182.
Marginal note:Liability for patent infringement
  •  (1) A person who infringes a patent is liable to the patentee and to all persons claiming under the patentee for all damage sustained by the patentee or by any such person, after the grant of the patent, by reason of the infringement.

  • Marginal note:Liability damage before patent is granted

    (2) A person is liable to pay reasonable compensation to a patentee and to all persons claiming under the patentee for any damage sustained by the patentee or by any of those persons by reason of any act on the part of that person, after the application for the patent became open to public inspection under section 10 and before the grant of the patent, that would have constituted an infringement of the patent if the patent had been granted on the day the application became open to public inspection under that section.

  • Marginal note:Patentee to be a party

    (3) Unless otherwise expressly provided, the patentee shall be or be made a party to any proceeding under subsection (1) or (2).

  • Marginal note:Deemed action for infringement

    (4) For the purposes of this section and sections 54 and 55.01 to 59, any proceeding under subsection (2) is deemed to be an action for the infringement of a patent and the act on which that proceeding is based is deemed to be an act of infringement of the patent.

  • R.S., 1985, c. P-4, s. 55;
  • R.S., 1985, c. 33 (3rd Supp.), s. 21;
  • 1993, c. 15, s. 48.