Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-09-15 and last amended on 2013-06-26. Previous Versions

MISCELLANEOUS MATTERS

 [Repealed, 1993, c. 15, s. 54]

Marginal note:Time limit deemed extended
  •  (1) Where any time limit or period of limitation specified under or pursuant to this Act expires on a day when the Patent Office is closed for business, that time limit or period of limitation shall be deemed to be extended to the next day when the Patent Office is open for business.

  • Marginal note:When Patent Office closed for business

    (2) The Patent Office shall be closed for business on Saturdays and holidays and on such other days as the Minister by order declares that it shall be closed for business.

  • Marginal note:Publication

    (3) Every order made by the Minister under subsection (2) shall be published in the Canadian Patent Office Record as soon as possible after it is made.

  • R.S., c. P-4, s. 81.

TRANSITIONAL PROVISIONS

Marginal note:Patent applications filed before October 1, 1989

 Applications for patents in Canada filed before October 1, 1989 shall be dealt with and disposed of in accordance with section 38.1 and with the provisions of this Act as they read immediately before October 1, 1989.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 3.
Marginal note:Patents issued before October 1, 1989
  •  (1) Subject to subsection (3), any matter arising on or after October 1, 1989 in respect of a patent issued before that date shall be dealt with and disposed of in accordance with sections 38.1 and 45 and with the provisions of this Act, other than section 46, as they read immediately before October 1, 1989.

  • Marginal note:Patents issued on or after October 1, 1989 on the basis of previously filed applications

    (2) Subject to subsection (3), any matter arising on or after October 1, 1989 in respect of a patent issued on or after that date on the basis of an application filed before that date shall be dealt with and disposed of in accordance with sections 38.1, 45, 46 and 48.1 to 48.5 and with the provisions of this Act, other than section 46, as they read immediately before October 1, 1989.

  • Marginal note:Application

    (3) The provisions of this Act that apply as provided in subsections (1) and (2) shall be read subject to any amendments to this Act, other than the amendments that came into force on October 1, 1989 or October 1, 1996.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 3.
Marginal note:Previous version of section 43 applies
  •  (1) Where a conflict, as defined in section 43 as it read immediately before October 1, 1989, exists between an application for a patent in Canada filed before October 1, 1989 (the “earlier application”) and an application for a patent in Canada filed on or after that date (the “later application”) and

    • (a) the later application is filed by a person who is entitled to protection under the terms of any treaty or convention relating to patents to which Canada is a party and who has previously regularly filed in or for any other country that by treaty, convention or law affords similar protection to citizens of Canada an application for a patent describing the same invention,

    • (b) the later application is filed within twelve months after the filing of the previously regularly filed application,

    • (c) the applicant in the later application has made a request for priority in respect of that application on the basis of the previously regularly filed application, and

    • (d) the earlier application is filed after the filing of the previously regularly filed application,

    the applicant having the earlier date of invention shall be entitled to a patent and the applications shall be dealt with and disposed of in accordance with section 43, as it read immediately before October 1, 1989.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if

    • (a) the earlier application is filed by a person who is entitled to protection under the terms of any treaty or convention relating to patents to which Canada is a party and who has previously regularly filed in or for any other country that by treaty, convention or law affords similar protection to citizens of Canada an application for a patent describing the same invention;

    • (b) the earlier application is filed within twelve months after the filing of the previously regularly filed application mentioned in paragraph (a);

    • (c) the applicant in the earlier application has made a request for priority in respect of that application on the basis of the previously regularly filed application mentioned in paragraph (a); and

    • (d) the previously regularly filed application mentioned in paragraph (a) was filed before the filing of the previously regularly filed application mentioned in subsection (1).

  • 1993, c. 15, s. 55.