Patent Act (R.S.C., 1985, c. P-4)

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Act current to 2019-02-28 and last amended on 2018-12-13. Previous Versions

Conditions (continued)

Marginal note:Licence deemed to be by deed

 Any order for the grant of a licence under this Act, without prejudice to any other method of enforcement, operates as if it were embodied in a deed granting a licence executed by the patentee and all other necessary parties.

  • R.S., c. P-4, s. 72.

Marginal note:Appeal to Federal Court

 All orders and decisions of the Commissioner under sections 65 to 70 are subject to appeal to the Federal Court, and on any such appeal the Attorney General of Canada or such counsel as he may appoint is entitled to appear and be heard.

  • R.S., c. P-4, s. 73;
  • R.S., c. 10(2nd Supp.), s. 64.

 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 25]

Abandonment and Reinstatement of Applications

Marginal note:Deemed abandonment of applications

  •  (1) An application for a patent in Canada shall be deemed to be abandoned if the applicant does not

    • (a) reply in good faith to any requisition made by an examiner in connection with an examination, within six months after the requisition is made or within any shorter period established by the Commissioner;

    • (b) comply with a notice given pursuant to subsection 27(6);

    • (c) pay the fees payable under section 27.1, within the time provided by the regulations;

    • (d) make a request for examination or pay the prescribed fee under subsection 35(1) within the time provided by the regulations;

    • (e) comply with a notice given under subsection 35(2); or

    • (f) pay the prescribed fees stated to be payable in a notice of allowance of patent within six months after the date of the notice.

  • Marginal note:Deemed abandonment in prescribed circumstances

    (2) An application shall also be deemed to be abandoned in any other circumstances that are prescribed.

  • Marginal note:Reinstatement

    (3) An application deemed to be abandoned under this section shall be reinstated if the applicant

    • (a) makes a request for reinstatement to the Commissioner within the prescribed period;

    • (b) takes the action that should have been taken in order to avoid the abandonment; and

    • (c) pays the prescribed fee before the expiration of the prescribed period.

  • Marginal note:Amendment and re-examination

    (4) An application that has been abandoned pursuant to paragraph (1)(f) and reinstated is subject to amendment and further examination.

  • Marginal note:Original filing date

    (5) An application that is reinstated retains its original filing date.

  • R.S., 1985, c. P-4, s. 73;
  • 1993, c. 15, s. 52;
  • 2015, c. 3, s. 138(F).

Offences and Punishment

 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 26]

Marginal note:Offences

  •  (1) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who

    • (a) without the consent of the patentee, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the patentee, the name or any imitation of the name of any patentee for the sole making or selling of that thing;

    • (b) without the consent of the patentee, marks in any way on anything not purchased from the patentee, the words “Patent”, “Letters Patent”, “Queen’s (or King’s) Patent”, “Patented” or any word or words with a similar meaning, with the intent of counterfeiting or imitating the stamp, mark or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the patentee’s consent; or

    • (c) with intent to deceive the public, offers for sale as patented in Canada any article that is neither patented in Canada nor protected by a certificate of supplementary protection in Canada.

  • Marginal note:Certificate of supplementary protection

    (2) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who

    • (a) during the term of a certificate of supplementary protection, without the consent of the certificate’s holder, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the holder of a certificate of supplementary protection, the name or any imitation of the name of any holder of a certificate of supplementary protection for the sole making or selling of that thing;

    • (b) after a certificate of supplementary protection has been issued and before the end of its term, without the consent of the certificate’s holder, marks in any way on anything not purchased from that holder the words “Certificate of Supplementary Protection”, “Protected by a Certificate of Supplementary Protection” or any words with a similar meaning, with the intent of counterfeiting or imitating that holder’s stamp, mark or device, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with that holder’s consent; or

    • (c) with the intent to deceive the public, offers for sale as protected by a certificate of supplementary protection in Canada any article that

      • (i) is neither patented in Canada nor protected by a certificate of supplementary protection in Canada, or

      • (ii) is patented in Canada but for which no certificate of supplementary protection has been issued.

  • R.S., 1985, c. P-4, s. 75;
  • 2017, c. 6, s. 43.

Marginal note:False representations, false entries, etc.

 Every person who, in relation to the purposes of this Act and knowing it to be false,

  • (a) makes any false representation,

  • (b) makes or causes to be made any false entry in any register or book,

  • (b.1) submits or causes to be submitted, in an electronic form, any false document, false information or document containing false information,

  • (c) makes or causes to be made any false document or alters the form of a copy of any document, or

  • (d) produces or tenders any document containing false information,

is guilty of an indictable offence and liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.

  • R.S., 1985, c. P-4, s. 76;
  • 1993, c. 15, s. 53.

Marginal note:Offence respecting patented medicines

  •  (1) Every person who contravenes or fails to comply with section 80, 81, 82 or 88 or any order made thereunder is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both; and

    • (b) in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

  • Marginal note:Idem

    (2) Every person who contravenes or fails to comply with section 84 or any order made under section 83 is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both; and

    • (b) in the case of a corporation, to a fine not exceeding one hundred thousand dollars.

  • Marginal note:Limitation period

    (3) Proceedings for an offence under subsection (1) or (2) may be commenced within, but not later than, two years after the time when the subject-matter of the proceedings arose.

  • Marginal note:Continuing offence

    (4) Where an offence under subsection (1) or (2) is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

  • 1993, c. 2, s. 6.

Written Demands

Marginal note:Requirements

  •  (1) Any written demand received by a person in Canada, that relates to an invention that is patented in Canada or elsewhere or that is protected by a certificate of supplementary protection in Canada or by analogous rights granted elsewhere, must comply with the prescribed requirements.

  • Marginal note:Federal Court

    (2) Any person who receives a written demand that does not comply with the prescribed requirements, and any person who is aggrieved as a result of the receipt by another person of such a written demand, may bring a proceeding in the Federal Court.

  • Marginal note:Relief

    (3) If the Federal Court is satisfied that the written demand does not comply with the prescribed requirements, it may grant any relief that it considers appropriate, including by way of recovery of damages, punitive damages, an injunction, a declaration or an award of costs.

  • Marginal note:Liability — special case

    (4) If a corporation sends a written demand that does not comply with the prescribed requirements, is notified of those requirements and of the demand’s defects in respect of those requirements and does not, within a reasonable time after receiving the notice of those defects, remedy them, the corporation’s officers, directors, agents or mandataries are jointly and severally, or solidarily, liable with the corporation if they directed, authorized, assented to, acquiesced in or participated in the sending of the demand.

  • Marginal note:Due diligence

    (5) A person is not to be found liable under subsection (4) if they establish that they exercised due diligence to ensure that the written demand complies with the prescribed requirements.

  • 2018, c. 27, s. 195.
 
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