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Patent Act (R.S.C., 1985, c. P-4)

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Act current to 2021-09-11 and last amended on 2021-06-30. Previous Versions

Transitional Provisions (continued)

Marginal note:Non-application of subsection 27.1(4) and section 73.1

 Subsection 27.1(4) and section 73.1 do not apply to a patent that was granted before the coming-into-force date or to a reissued patent if the original patent was granted before that date.

Marginal note:Reissued patents

 For greater certainty, for the purposes of sections 78.53 and 78.54, a reissued patent is considered to be issued on the basis of the original application.

Marginal note:Regulations

 For greater certainty, a regulation made under subsection 12(1) applies to an application for a patent referred to in section 78.22, unless the regulation provides otherwise.

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 section 78.22.

Patented or Protected Medicines

Interpretation

Marginal note:Definitions

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

    Board

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

    Consumer Price Index

    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)

    medicine

    medicine includes a drug, as defined in section 104, and a medicinal ingredient; (médicament)

    Minister

    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

    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

    regulations means regulations made under section 101; (règlement)

    rights holder

    rights holder means, in respect of an invention pertaining to a medicine, a patentee and the person for the time being entitled to the benefit of a certificate of supplementary protection for that invention, and includes, if any other person is entitled to exercise rights in relation to the certificate, that other person in respect of those rights. (titulaire de droits)

  • 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.

Pricing Information

Marginal note:Pricing information, etc., required by regulations

  •  (1) A rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the regulations, provide the Board with the information and documents that the regulations may specify respecting

    • (a) the identity of the medicine;

    • (b) the price at which the medicine is being or has been sold in any market in Canada and elsewhere;

    • (c) the costs of making and marketing the medicine, if that information is available to the rights holder in Canada or is within the knowledge or control of the rights holder;

    • (d) the factors referred to in section 85; and

    • (e) any other related matters.

  • Marginal note:Former rights holder

    (2) Subject to subsection (3), a person who is a former rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the regulations, provide the Board with the information and documents that the regulations may specify respecting

    • (a) the identity of the medicine;

    • (b) the price at which the medicine was sold in any market in Canada and elsewhere during the period in which the person was a rights holder for the invention;

    • (c) the costs of making and marketing the medicine produced during that period, whether incurred before or after the patent was issued or the certificate of supplementary protection took effect, if that information is available to the person in Canada or is within the knowledge or control of the person;

    • (d) the factors referred to in section 85; and

    • (e) any other related matters.

  • Marginal note:Limitation

    (3) Subsection (2) does not apply to a person who has not, for a period of three or more years, been entitled to the benefit of the patent or certificate of supplementary protection, as the case may be, or to exercise any rights in relation to the patent or certificate.

Marginal note:Pricing information, etc. required by Board

  •  (1) The Board may, by order, require a rights holder or former rights holder for an invention pertaining to a medicine to provide the Board with information and documents respecting

    • (a) in the case of a rights holder, any of the matters referred to in paragraphs 80(1)(a) to (e);

    • (b) in the case of a former rights holder, any of the matters referred to in paragraphs 80(2)(a) to (e); and

    • (c) any other related matters that the Board may require.

  • Marginal note:Compliance with order

    (2) A rights holder or former rights holder in respect of whom an order is made under subsection (1) shall comply with the order within the time that is specified in the order or as the Board may allow.

  • Marginal note:Limitation

    (3) No order may be made under subsection (1) in respect of a former rights holder who, more than three years before the day on which the order is proposed to be made, ceased to be entitled to the benefit of the patent or certificate of supplementary protection, as the case may be, or to exercise any rights in relation to the patent or certificate.

 
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