Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-10-15 and last amended on 2013-06-26. Previous Versions

Marginal note:Licence deemed to be by deed

 Any order for the grant of a licence under this Act, without prejudice to any other method of enforcement, operates as if it were embodied in a deed granting a licence executed by the patentee and all other necessary parties.

  • R.S., c. P-4, s. 72.
Marginal note:Appeal to Federal Court

 All orders and decisions of the Commissioner under sections 65 to 70 are subject to appeal to the Federal Court, and on any such appeal the Attorney General of Canada or such counsel as he may appoint is entitled to appear and be heard.

  • R.S., c. P-4, s. 73;
  • R.S., c. 10(2nd Supp.), s. 64.

 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 25]

ABANDONMENT AND REINSTATEMENT OF APPLICATIONS

Marginal note:Deemed abandonment of applications
  •  (1) An application for a patent in Canada shall be deemed to be abandoned if the applicant does not

    • (a) reply in good faith to any requisition made by an examiner in connection with an examination, within six months after the requisition is made or within any shorter period established by the Commissioner;

    • (b) comply with a notice given pursuant to subsection 27(6);

    • (c) pay the fees payable under section 27.1, within the time provided by the regulations;

    • (d) make a request for examination or pay the prescribed fee under subsection 35(1) within the time provided by the regulations;

    • (e) comply with a notice given under subsection 35(2); or

    • (f) pay the prescribed fees stated to be payable in a notice of allowance of patent within six months after the date of the notice.

  • Marginal note:Deemed abandonment in prescribed circumstances

    (2) An application shall also be deemed to be abandoned in any other circumstances that are prescribed.

  • Marginal note:Reinstatement

    (3) An application deemed to be abandoned under this section shall be reinstated if the applicant

    • (a) makes a request for reinstatement to the Commissioner within the prescribed period;

    • (b) takes the action that should have been taken in order to avoid the abandonment; and

    • (c) pays the prescribed fee before the expiration of the prescribed period.

  • Marginal note:Amendment and re-examination

    (4) An application that has been abandoned pursuant to paragraph (1)(f) and reinstated is subject to amendment and further examination.

  • Marginal note:Original filing date

    (5) An application that is reinstated retains its original filing date.

  • R.S., 1985, c. P-4, s. 73;
  • 1993, c. 15, s. 52.