Patent Act (R.S.C., 1985, c. P-4)

Act current to 2015-11-16 and last amended on 2015-06-17. Previous Versions


Marginal note:Seal of office
  •  (1) The Commissioner shall cause a seal to be made for the purposes of this Act and may cause to be sealed therewith every patent and other instrument and copy thereof issuing from the Patent Office.

  • Marginal note:Seal to be evidence

    (2) Every court, judge and person shall take notice of the seal of the Patent Office, shall admit the impressions thereof in evidence in like manner as the impressions of the Great Seal are admitted in evidence and shall take notice of and admit in evidence, without further proof and without production of the originals, all copies or extracts certified under the seal of the Patent Office to be copies of or extracts from documents deposited in that Office.

  • R.S., c. P-4, s. 13.


Marginal note:Certified copies of patents as evidence

 In any action or proceeding respecting a patent authorized to be had or taken in Canada under this Act, a copy of any patent granted in any other country, or any official document connected therewith, purporting to be certified under the hand of the proper officer of the government of the country in which the patent has been obtained, may be produced before the court or a judge thereof, and the copy of the patent or document purporting to be so certified may be admitted in evidence without production of the original and without proof of the signature or official character of the person appearing to have signed it.

  • R.S., c. P-4, s. 14.


Marginal note:Register of patent agents

 A register of patent agents shall be kept in the Patent Office on which shall be entered the names of all persons and firms entitled to represent applicants in the presentation and prosecution of applications for patents or in other business before the Patent Office.

  • R.S., 1985, c. P-4, s. 15;
  • R.S., 1985, c. 33 (3rd Supp.), s. 4.
Marginal note:Misconduct

 For gross misconduct or any other cause that he may deem sufficient, the Commissioner may refuse to recognize any person as a patent agent or attorney either generally or in any particular case.

  • R.S., c. P-4, s. 16.


Marginal note:Practice on appeals

 In all cases where an appeal is provided from the decision of the Commissioner to the Federal Court under this Act, the appeal shall be had and taken pursuant to the Federal Courts Act and the rules and practice of that Court.

  • R.S., 1985, c. P-4, s. 17;
  • 2002, c. 8, s. 182.
Marginal note:Notice on appeal
  •  (1) Whenever an appeal to the Federal Court from the decision of the Commissioner is permitted under this Act, notice of the decision shall be mailed by the Commissioner by registered letter addressed to the interested parties or their respective agents.

  • Marginal note:Time for taking appeal

    (2) The appeal shall be taken within three months after the date of mailing of the notice, unless otherwise provided by or under this Act.

  • R.S., 1985, c. P-4, s. 18;
  • 1993, c. 15, s. 30.