Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)

Marginal note:2014, c. 39

• 135 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 2.

• (2) If subsection 32(3) of this Act comes into force before section 114 of the other Act, then that section 114 is replaced by the following:

  114 The definition filing date in section 2 of the Patent Act is replaced by the following:

  filing date

  filing date means the date on which an application for a patent in Canada is filed, as determined in accordance with section 28 or subsection 28.01(2) or 36(4); (date de dépôt)

• (3) If section 114 of the other Act comes into force on the same day as subsection 32(3) of this Act, then that section 114 is deemed to have come into force before that subsection 32(3).

• (4) If section 33 of this Act comes into force before section 116 of the other Act, then that section 116 is repealed.

• (5) If section 116 of the other Act comes into force on the same day as section 33 of this Act, then that section 116 is deemed never to have come into force and is repealed.

• (6) On the first day on which both subsection 118(5) of the other Act and subsection 34(3) of this Act are in force, paragraph 12(1)(j.8) of the Patent Act is replaced by the following:

  • (j.8) authorizing the Commissioner to, during or after the end of the time period fixed under this Act in respect of any business before the Patent Office, for doing anything, extend that time period, subject to any prescribed terms and conditions, if the Commissioner considers that the circumstances justify the extension;

• (7) If section 126 of the other Act comes into force before section 36 of this Act, then that section 36 is repealed.

• (8) If section 36 of this Act comes into force before section 126 of the other Act, then that section 126 is repealed.

• (9) If section 126 of the other Act comes into force on the same day as section 36 of this Act, then that section 126 is deemed never to have come into force and is repealed.

• (10) On the first day on which both section 134 of the other Act and section 59 of this Act are in force, subsection 118(1) of the Patent Act is replaced by the following:

  Marginal note:Transfer of patent

  • 118 (1) Despite subsection 49(1), a certificate of supplementary protection, or an application for one, is not transferable other than by the transfer of the patent, or part of the patent, that is set out in the certificate or application.

• (11) On the first day on which both section 136 of the other Act and section 59 of this Act are in force, subsection 124(1) of the Patent Act is amended by adding the following after paragraph (d):

  • (d.1) section 55.11, with

    • (i) in subsection (1), the reference to “the following patents” to be read as a reference to “certificates of supplementary protection that set out the following patents”,

    • (ii) in subsections (2) and (4), any reference to “patent” to be read as a reference to “certificate of supplementary protection”, and

    • (iii) in subsection (3), any reference to “a patent” to be read as a reference to “a patent, or the certificate of supplementary protection that sets out the patent,” and any reference to “the patent” to be read as a reference to “the certificate of supplementary protection”;

Marginal note:2015, c. 36

• 136 (1) In this section, other Act means the Economic Action Plan 2015 Act, No. 1.

• (2) On the first day on which both subsection 53(3) of the other Act and section 59 of this Act are in force, the portion of paragraph 12(1)(j.81) of the Patent Act before subparagraph (i) is replaced by the following:

  • (j.81) respecting the correction of obvious errors in documents submitted to the Commissioner or the Patent Office or in patents or other documents granted or issued under this Act, other than under sections 106 to 134, including

• (3) If section 35 of this Act comes into force before section 55 of the other Act, then that section 55 is repealed.

• (4) If section 55 of the other Act comes into force on the same day as section 35 of this Act, then that section 55 is deemed never to have come into force and is repealed.

• (5) If section 60 of the other Act comes into force before section 40 of this Act, then that section 40 is replaced by the following:

  40 The Act is amended by adding the following before section 63:

  Marginal note:Judgment voiding patent

  62 A patent, or part of a patent, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in section 63.

• (6) If section 40 of this Act comes into force before section 60 of the other Act, then that section 60 is repealed.

• (7) If section 60 of the other Act comes into force on the same day as section 40 of this Act, then that section 60 is deemed never to have come into force and is repealed.

• (8) If section 42 of this Act comes into force before subsection 61(2) of the other Act, then that subsection 61(2) is repealed.

• (9) If subsection 61(2) of the other Act comes into force on the same day as section 42 of this Act, then that subsection 61(2) is deemed never to have come into force and is repealed.

• (10) On the first day on which both section 63 of the other Act and section 44 of this Act are in force, subsection 78(1) of the Patent Act is replaced by the following:

  Marginal note:Time period extended

  • 78 (1) If a time period fixed under this Act, in respect of any business before the Patent Office, for doing anything ends on a prescribed day or a day that is designated by the Commissioner, that time period is extended to the next day that is not a prescribed day or a designated day.

Marginal note:Bill C-13

• 137 (1) Subsections (2) to (7) apply if Bill C-13, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (in this section referred to as the “other Act”), receives royal assent.

• (2) If subsection 8(5) of the other Act comes into force before section 26 of this Act, then that section 26 is repealed.

• (3) If section 26 of this Act comes into force before subsection 8(5) of the other Act, then that subsection 8(5) is repealed.

• (4) If subsection 8(5) of the other Act comes into force on the same day as section 26 of this Act, then that section 26 is deemed never to have come into force and is repealed.

• (5) If section 11 of the other Act comes into force before section 27 of this Act, then that section 27 is repealed.

• (6) If section 27 of this Act comes into force before section 11 of the other Act, then that section 11 is repealed.

• (7) If section 11 of the other Act comes into force on the same day as section 27 of this Act, then that section 27 is deemed never to have come into force and is repealed.

Coming into Force

Marginal note:Order in council

• 138 (1) Subject to subsections (2) to (5), the provisions of this Act, other than sections 133 to 137, come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Subsection 8(3), paragraph 11(1)(a), subsection 11(2), paragraph 13(a) and section 90 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).

• Marginal note:Order in council

  (3) Subsections 32(1) and (4) come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (4) Subsections 32(2) and 34(1) and (2) and sections 36 and 38 to 42 come into force on a day or days to be fixed by order of the Governor in Council, but that day or those days must be on or before the day referred to in subsection (1).

• Marginal note:Order in council

  (5) Sections 45 to 58 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).