Patent Act (R.S.C., 1985, c. P-4)

Act current to 2017-12-11 and last amended on 2017-09-21. Previous Versions

RELATED PROVISIONS

  • — R.S., 1985, c. 33 (3rd Supp.), s. 31, as amended by 1992, c. 1, s. 145(F) (Sch. VIII, item 22)

    • Payments to provinces
      • 31 (1) The Minister of Consumer and Corporate Affairs shall pay to each province for each of the fiscal years commencing in the period April 1, 1987 to March 31, 1991, for the purpose of research and development relating to medicine, an amount equal to the product obtained by multiplying

        • (a) the quotient obtained by dividing

          • (i) twenty-five million dollars

          by

          • (ii) the total population of all provinces for the fiscal year in respect of which the payment is made,

        by

        • (b) the population of the province for the fiscal year in respect of which the payment is made.

      • Time and manner of payment

        (2) Payment of any amount under this section shall be made out of the Consolidated Revenue Fund at such times and in such manner as the Governor in Council may, by regulation, prescribe.

      • Determination of population

        (3) For the purposes of this section, the population of a province for a fiscal year shall be the population of that province on June 1 of that year as determined and published by the Chief Statistician of Canada.

  • — R.S., 1985, c. 33 (3rd Supp.), s. 32, as amended by 1992, c. 1, s. 145(F) (Sch. VIII, item 22)

    • Prohibition
      • 32 (1) Notwithstanding anything in section 39 of the Patent Act or in any licence granted under that section, no person shall, under a licence granted prior to March 28, 1989 under that section in respect of a patent pertaining to the medicine Diltiazem hydrochloride, have or exercise any right to

        • (a) import Diltiazem hydrochloride, if it is to be sold for consumption in Canada; or

        • (b) make Diltiazem hydrochloride for sale for consumption in Canada.

      • Duration of prohibition

        (2) The prohibition under subsection (1) expires on March 28, 1989.

      • Actions and proceedings barred

        (3) No action or proceedings for any compensation or damages lie against Her Majesty in right of Canada as a result of the application of subsection (1) to a licence referred to in that subsection.

  • — 1993, c. 2, s. 9

    • Definitions

      9 In this section and sections 10 to 13,

      commencement day

      commencement day means the day on which section 3 of this Act comes into force; (date d’entrée en vigueur)

      former Act

      former Act means the Patent Act, as it read immediately before the commencement day. (loi antérieure)

  • — 1993, c. 2, s. 10

    • Pending proceedings

      10 Any proceeding pending before the Patented Medicine Prices Review Board immediately before the commencement day shall be taken up and continued under and in accordance with sections 79 to 101 of the Patent Act, as enacted by section 7 of this Act, as if the proceeding had been commenced on or after that day.

  • — 1993, c. 2, s. 11

    • Licences continued
      • 11 (1) A licence that has been granted under section 39 of the former Act before December 20, 1991 and that has not been terminated before the commencement day shall continue in effect according to its terms and, subject to subsection (2), sections 39 to 39.14 of the former Act shall continue to apply in respect of that licence as if they had not been repealed by section 3 of this Act.

      • Exception

        (2) For the purposes of applying sections 39 to 39.14 of the former Act in respect of a licence continued by subsection (1), the prohibitions set out in subsections 39.11(1) and 39.14(1) of the former Act do not apply in respect of any medicine or medicines in respect of which an order has been made under paragraph 39.15(3)(d) of the former Act, if that order is in force immediately before the commencement day.

  • — 1993, c. 2, s. 12

    • Licences ceasing to have effect
      • 12 (1) Every licence granted under section 39 of the former Act on or after December 20, 1991 shall cease to have effect on the expiration of the day preceding the commencement day, and all rights or privileges acquired or accrued under that licence or under the former Act in relation to that licence shall thereupon be extinguished.

      • Actions for infringement barred

        (2) For greater certainty, no action for infringement of a patent lies under the Patent Act in respect of any act that is done before the commencement day under a licence referred to in subsection (1) in accordance with the terms of that licence and sections 39 to 39.17 of the former Act.

  • — 1993, c. 2, s. 13

    • Actions and proceedings barred

      13 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 section 11 or 12 or the repeal of sections 39 to 39.17 of the former Act.

  • — 1993, c. 2, s. 14

    • Review of certain sections
      • 14 (1) On the expiration of four years after this Act is assented to, the provisions of the Patent Act enacted by this Act shall be referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for the purpose of the review referred to in subsection (2).

      • Idem

        (2) The committee shall undertake a comprehensive review of the provisions of the Patent Act enacted by this Act and shall, within one year after the review is undertaken or within such further time as the House or Houses that designated or established the committee may authorize, submit a report thereon, including such recommendations as the committee may wish to make pertaining to those provisions.

  • — 1993, c. 44, s. 191(2)

    • No liability
      • 191 (2) Her Majesty in right of Canada or a province is not, by reason only of the enactment of subsection (1), liable for any use of a patented invention before the day on which subsection (1) comes into force.

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