Patent Act (R.S.C., 1985, c. P-4)

Act current to 2016-04-12 and last amended on 2015-06-17. Previous Versions

Marginal note:Annual report

 The Commissioner shall, in each year, cause to be prepared and laid before Parliament a report of the proceedings under this Act.

  • R.S., 1985, c. P-4, s. 26;
  • R.S., 1985, c. 33 (3rd Supp.), s. 7.
Marginal note:Publication of list of patents
  •  (1) The Commissioner shall, at least once in each year, publish a list of all patents issued in the year.

  • Marginal note:Publication and printing of documents

    (2) The Commissioner may publish any document open to the inspection of the public under section 10 and may print or cause to be printed, for distribution or sale, any such document.

  • R.S., 1985, c. 33 (3rd Supp.), s. 7.

Application for Patents

Marginal note:Commissioner may grant patents
  •  (1) The Commissioner shall grant a patent for an invention to the inventor or the inventor’s legal representative if an application for the patent in Canada is filed in accordance with this Act and all other requirements for the issuance of a patent under this Act are met.

  • Marginal note:Application requirements

    (2) The prescribed application fee must be paid and the application must be filed in accordance with the regulations by the inventor or the inventor’s legal representative and the application must contain a petition and a specification of the invention.

  • Marginal note:Specification

    (3) The specification of an invention must

    • (a) correctly and fully describe the invention and its operation or use as contemplated by the inventor;

    • (b) set out clearly the various steps in a process, or the method of constructing, making, compounding or using a machine, manufacture or composition of matter, in such full, clear, concise and exact terms as to enable any person skilled in the art or science to which it pertains, or with which it is most closely connected, to make, construct, compound or use it;

    • (c) in the case of a machine, explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle; and

    • (d) in the case of a process, explain the necessary sequence, if any, of the various steps, so as to distinguish the invention from other inventions.

  • Marginal note:Claims

    (4) The specification must end with a claim or claims defining distinctly and in explicit terms the subject-matter of the invention for which an exclusive privilege or property is claimed.

  • Marginal note:Alternative definition of subject-matter

    (5) For greater certainty, where a claim defines the subject-matter of an invention in the alternative, each alternative is a separate claim for the purposes of sections 2, 28.1 to 28.3 and 78.3.

  • Marginal note:When application to be completed

    (6) Where an application does not completely meet the requirements of subsection (2) on its filing date, the Commissioner shall, by notice to the applicant, require the application to be completed on or before the date specified in the notice.

  • Marginal note:Specified period

    (7) The specified date must be at least three months after the date of the notice and at least twelve months after the filing date of the application.

  • Marginal note:What may not be patented

    (8) No patent shall be granted for any mere scientific principle or abstract theorem.

  • R.S., 1985, c. P-4, s. 27;
  • R.S., 1985, c. 33 (3rd Supp.), s. 8;
  • 1993, c. 15, s. 31, c. 44, s. 192.
Marginal note:Maintenance fees
  •  (1) An applicant for a patent shall, to maintain the application in effect, pay to the Commissioner such fees, in respect of such periods, as may be prescribed.

  • (2) and (3) [Repealed, 1993, c. 15, s. 32]

  • R.S., 1985, c. 33 (3rd Supp.), s. 9;
  • 1993, c. 15, s. 32.
Marginal note:Filing date
  •  (1) The filing date of an application for a patent in Canada is the date on which the Commissioner receives the documents, information and fees prescribed for the purposes of this section or, if they are received on different dates, the last date.

  • Marginal note:Deemed date of receipt of fees

    (2) The Commissioner may, for the purposes of this section, deem prescribed fees to have been received on a date earlier than the date of their receipt if the Commissioner considers it just to do so.

  • R.S., 1985, c. P-4, s. 28;
  • R.S., 1985, c. 33 (3rd Supp.), s. 10;
  • 1993, c. 15, s. 33.
Marginal note:Claim date
  •  (1) The date of a claim in an application for a patent in Canada (the “pending application”) is the filing date of the application, unless

    • (a) the pending application is filed by

      • (i) a person who has, or whose agent, legal representative or predecessor in title has, previously regularly filed in or for Canada an application for a patent disclosing the subject-matter defined by the claim, or

      • (ii) 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, or whose agent, legal representative or predecessor in title 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 disclosing the subject-matter defined by the claim;

    • (b) the filing date of the pending application is within twelve months after the filing date of the previously regularly filed application; and

    • (c) the applicant has made a request for priority on the basis of the previously regularly filed application.

  • Marginal note:Claims based on previously regularly filed applications

    (2) In the circumstances described in paragraphs (1)(a) to (c), the claim date is the filing date of the previously regularly filed application.

  • 1993, c. 15, s. 33.
Marginal note:Subject-matter of claim must not be previously disclosed
  •  (1) The subject-matter defined by a claim in an application for a patent in Canada (the “pending application”) must not have been disclosed

    • (a) more than one year before the filing date by the applicant, or by a person who obtained knowledge, directly or indirectly, from the applicant, in such a manner that the subject-matter became available to the public in Canada or elsewhere;

    • (b) before the claim date by a person not mentioned in paragraph (a) in such a manner that the subject-matter became available to the public in Canada or elsewhere;

    • (c) in an application for a patent that is filed in Canada by a person other than the applicant, and has a filing date that is before the claim date; or

    • (d) in an application (the “co-pending application”) for a patent that is filed in Canada by a person other than the applicant and has a filing date that is on or after the claim date if

      • (i) the co-pending application is filed by

        • (A) a person who has, or whose agent, legal representative or predecessor in title has, previously regularly filed in or for Canada an application for a patent disclosing the subject-matter defined by the claim, or

        • (B) 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, or whose agent, legal representative or predecessor in title 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 disclosing the subject-matter defined by the claim,

      • (ii) the filing date of the previously regularly filed application is before the claim date of the pending application,

      • (iii) the filing date of the co-pending application is within twelve months after the filing date of the previously regularly filed application, and

      • (iv) the applicant has, in respect of the co-pending application, made a request for priority on the basis of the previously regularly filed application.

  • Marginal note:Withdrawal of application

    (2) An application mentioned in paragraph (1)(c) or a co-pending application mentioned in paragraph (1)(d) that is withdrawn before it is open to public inspection shall, for the purposes of this section, be considered never to have been filed.

  • 1993, c. 15, s. 33.
 
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