Patent Act (R.S.C., 1985, c. P-4)

Full Document:  

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

Written Demands (continued)

Marginal note:Regulations

 The Governor in Council may make regulations for the purposes of section 76.2, including regulations

  • (a) respecting what constitutes a written demand or an aggrievement;

  • (b) respecting the requirements with which a written demand must comply;

  • (c) respecting factors that the Federal Court may consider, must consider or is not permitted to consider in making an order under subsection 76.2(3); and

  • (d) respecting the circumstances in which a defendant is not to be found liable in a proceeding brought under subsection 76.2(2).

  • 2018, c. 27, s. 195.

Miscellaneous Matters

 [Repealed, 1993, c. 15, s. 54]

Marginal note:Time period extended

  •  (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:Power to designate day

    (2) The Commissioner may, on account of unforeseen circumstances and if the Commissioner is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Commissioner shall inform the public of that fact on the website of the Canadian Intellectual Property Office.

  • R.S., 1985, c. P-4, s. 78;
  • 2015, c. 36, s. 63;
  • 2017, c. 6, ss. 44, 136.

Transitional Provisions

Marginal note:Patent applications filed before October 1, 1989

 Applications for patents in Canada filed before October 1, 1989 shall be dealt with and disposed of in accordance with section 38.1 and with the provisions of this Act as they read immediately before October 1, 1989.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 3.

Marginal note:Special case

  •  (1) Subject to subsections (2) and (3), any matter arising on or after the day on which this subsection comes into force in respect of a patent issued on the basis of an application whose filing date is before October 1, 1989 shall be dealt with and disposed of in accordance with sections 38.1, 45, 46 and 48.1 to 48.5 and with the provisions of this Act, other than sections 46 and 56, as they read immediately before October 1, 1989.

  • Marginal note:Application of amendments to Act

    (2) The provisions of this Act that apply as provided in subsection (1) shall be read subject to any amendments to this Act, other than the amendments that came into force on October 1, 1989 or October 1, 1996 or that were made by sections 188, 189, and 195 of the Budget Implementation Act, 2018, No 2.

  • Marginal note:October 1, 1996

    (3) Section 56 of the Patent Act, as it read immediately before October 1, 1989, applies in respect of a purchase, construction or acquisition made before October 1, 1996 of an invention for which a patent is issued on the basis of an application filed before October 1, 1989.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 3;
  • 2018, c. 27, s. 196.

Marginal note:Previous version of section 43 applies

  •  (1) Where a conflict, as defined in section 43 as it read immediately before October 1, 1989, exists between an application for a patent in Canada filed before October 1, 1989 (the “earlier application”) and an application for a patent in Canada filed on or after that date (the “later application”) and

    • (a) the later application is filed by 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 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 describing the same invention,

    • (b) the later application is filed within twelve months after the filing of the previously regularly filed application,

    • (c) the applicant in the later application has made a request for priority in respect of that application on the basis of the previously regularly filed application, and

    • (d) the earlier application is filed after the filing of the previously regularly filed application,

    the applicant having the earlier date of invention shall be entitled to a patent and the applications shall be dealt with and disposed of in accordance with section 43, as it read immediately before October 1, 1989.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if

    • (a) the earlier application is filed by 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 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 describing the same invention;

    • (b) the earlier application is filed within twelve months after the filing of the previously regularly filed application mentioned in paragraph (a);

    • (c) the applicant in the earlier application has made a request for priority in respect of that application on the basis of the previously regularly filed application mentioned in paragraph (a); and

    • (d) the previously regularly filed application mentioned in paragraph (a) was filed before the filing of the previously regularly filed application mentioned in subsection (1).

  • 1993, c. 15, s. 55.

Marginal note:Patent applications filed on or after October 1, 1989

 Applications for patents in Canada filed on or after October 1, 1989, but before October 1, 1996, shall be dealt with and disposed of in accordance with subsection 27(2) as it read immediately before October 1, 1996 and with the provisions of this Act as they read on October 1, 1996.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 4.

Marginal note:Patents issued on or after October 1, 1989

 Any matter arising in respect of a patent issued on the basis of an application filed on or after October 1, 1989, but before October 1, 1996, shall be dealt with and disposed of in accordance with the provisions of this Act and with subsection 27(2) as it read immediately before October 1, 1996.

  • 1993, c. 15, s. 55;
  • 2001, c. 10, s. 4.

Marginal note:Payment of prescribed fees

  •  (1) If, before the day on which this section comes into force, a person has paid a prescribed fee applicable to a small entity, within the meaning of the Patent Rules as they read at the time of payment, but should have paid the prescribed fee applicable to an entity other than a small entity and a payment equivalent to the difference between the two amounts is submitted to the Commissioner in accordance with subsection (2) either before or no later than twelve months after that day, the payment is deemed to have been paid on the day on which the prescribed fee was paid, regardless of whether an action or other proceeding relating to the patent or patent application in respect of which the fee was payable has been commenced or decided.

  • Marginal note:Information to be provided

    (2) Any person who submits a payment to the Commissioner in accordance with subsection (1) is required to provide information with respect to the service or proceeding in respect of which the fee was paid and the patent or application in respect of which the fee was paid.

  • Marginal note:No refund

    (3) A payment submitted in accordance with subsection (1) shall not be refunded.

  • Marginal note:Action and proceedings barred

    (4) 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 this section.

  • Marginal note:Application

    (5) For greater certainty, this section also applies to applications for patents mentioned in sections 78.1 and 78.4.

  • 2005, c. 18, s. 2.

Patented Medicines

Interpretation

Marginal note:Definitions

  •  (1) In this section and in sections 80 to 103,

    Board

    Conseil

    Board means the Patented Medicine Prices Review Board continued by section 91; (Conseil)

    Consumer Price Index

    indice des prix à la consommation

    Consumer Price Index means the Consumer Price Index published by Statistics Canada under the authority of the Statistics Act; (indice des prix à la consommation)

    Minister

    ministre

    Minister means the Minister of Health or such other Member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this section and sections 80 to 103; (ministre)

    patentee

    breveté ou titulaire d’un brevet

    patentee, in respect of an invention pertaining to a medicine, means the person for the time being entitled to the benefit of the patent for that invention and includes, where any other person is entitled to exercise any rights in relation to that patent other than under a licence continued by subsection 11(1) of the Patent Act Amendment Act, 1992, that other person in respect of those rights; (breveté ou titulaire d’un brevet)

    regulations

    règlement

    regulations means regulations made under section 101. (règlement)

  • Marginal note:Invention pertaining to a medicine

    (2) For the purposes of subsection (1) and sections 80 to 101, an invention pertains to a medicine if the invention is intended or capable of being used for medicine or for the preparation or production of medicine.

  • 1993, c. 2, s. 7;
  • 1996, c. 8, s. 32.
 
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