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:Patent applications filed on or after October 1, 1989

 Applications for patents in Canada filed on or after October 1, 1989, but before October 1, 1996, shall be dealt with and disposed of in accordance with subsection 27(2) as it read immediately before October 1, 1996 and with the provisions of this Act as they read on October 1, 1996.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 4.
Marginal note:Patents issued on or after October 1, 1989

 Any matter arising in respect of a patent issued on the basis of an application filed on or after October 1, 1989, but before October 1, 1996, shall be dealt with and disposed of in accordance with the provisions of this Act and with subsection 27(2) as it read immediately before October 1, 1996.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 4.
Marginal note:Payment of prescribed fees
  •  (1) If, before the day on which this section comes into force, a person has paid a prescribed fee applicable to a small entity, within the meaning of the Patent Rules as they read at the time of payment, but should have paid the prescribed fee applicable to an entity other than a small entity and a payment equivalent to the difference between the two amounts is submitted to the Commissioner in accordance with subsection (2) either before or no later than twelve months after that day, the payment is deemed to have been paid on the day on which the prescribed fee was paid, regardless of whether an action or other proceeding relating to the patent or patent application in respect of which the fee was payable has been commenced or decided.

  • Marginal note:Information to be provided

    (2) Any person who submits a payment to the Commissioner in accordance with subsection (1) is required to provide information with respect to the service or proceeding in respect of which the fee was paid and the patent or application in respect of which the fee was paid.

  • Marginal note:No refund

    (3) A payment submitted in accordance with subsection (1) shall not be refunded.

  • Marginal note:Action and proceedings barred

    (4) No action or proceeding for any compensation or damages lies against Her Majesty in right of Canada in respect of any direct or indirect consequence resulting from the application of this section.

  • Marginal note:Application

    (5) For greater certainty, this section also applies to applications for patents mentioned in sections 78.1 and 78.4.

  • 2005, c. 18, s. 2.

PATENTED MEDICINES

Interpretation

Marginal note:Definitions
  •  (1) In this section and in sections 80 to 103,

    “Board”

    « Conseil »

    “Board” means the Patented Medicine Prices Review Board continued by section 91;

    “Consumer Price Index”

    « indice des prix à la consommation »

    “Consumer Price Index” means the Consumer Price Index published by Statistics Canada under the authority of the Statistics Act;

    “Minister”

    « ministre »

    “Minister” means the Minister of Health or such other Member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this section and sections 80 to 103;

    “patentee”

    « breveté » ou « titulaire d’un brevet »

    “patentee”, in respect of an invention pertaining to a medicine, means the person for the time being entitled to the benefit of the patent for that invention and includes, where any other person is entitled to exercise any rights in relation to that patent other than under a licence continued by subsection 11(1) of the Patent Act Amendment Act, 1992, that other person in respect of those rights;

    “regulations”

    « règlement »

    “regulations” means regulations made under section 101.

  • Marginal note:Invention pertaining to a medicine

    (2) For the purposes of subsection (1) and sections 80 to 101, an invention pertains to a medicine if the invention is intended or capable of being used for medicine or for the preparation or production of medicine.

  • 1993, c. 2, s. 7;
  • 1996, c. 8, s. 32.