Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Patent Act (R.S.C., 1985, c. P-4)

Full Document:  

Act current to 2019-11-19 and last amended on 2019-10-30. Previous Versions

Supplementary Protection for Inventions — Medicinal Ingredients (continued)

General (continued)

Marginal note:Costs of proceedings

 In all proceedings before any court under this Act, including, for greater certainty, an application for judicial review of a decision of the Minister under this Act, the costs of the Minister are in the discretion of the court, but the Minister shall not be ordered to pay the costs of any other of the parties.

  • 2017, c. 6, s. 59

Marginal note:Time limit deemed extended

  •  (1) If any time period fixed under any of sections 106 to 134 in respect of dealings with the Minister ends on a prescribed day or a day that is designated by the Minister, 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 Minister may, on account of unforeseen circumstances and if the Minister 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 Minister shall inform the public of that fact on the Department of Health’s website.

  • 2017, c. 6, s. 59

Marginal note:Service Fees Act

 The Service Fees Act does not apply in respect of the fees referred to in section 106 or 134.

  • 2017, c. 6, s. 59, c. 20, s. 455

Marginal note:Regulations

  •  (1) The Governor in Council may make rules or regulations

    • (a) defining the term authorization for sale;

    • (b) respecting the form and contents of applications for certificates of supplementary protection;

    • (c) respecting the processing of such applications;

    • (d) respecting the determination of when, for the purpose of paragraph 106(1)(f), an application for an authorization for sale was filed and, for the purpose of subsection 106(3), an application for a certificate of supplementary protection is filed;

    • (e) prescribing the fees or the manner of determining the fees that may be charged in respect of the filing of applications for certificates of supplementary protection, the issuance of such certificates or the taking of other proceedings under sections 106 to 133 or under any rule or regulation made under this section, or in respect of any services or the use of any facilities provided by the Minister under those sections or such a rule or regulation;

    • (f) respecting the circumstances in which any patentee or holder of a certificate of supplementary protection may or must be represented by another person in respect of a certificate of supplementary protection or an application for such a certificate;

    • (g) respecting the submission, including in electronic form and by electronic means, of documents and information to the Minister, including the time at which they are deemed to be received by the Minister;

    • (h) respecting the use of electronic means for the purposes of subsection 129(2), including requiring the use of those electronic means;

    • (i) respecting the withdrawal of an application for a certificate of supplementary protection;

    • (j) respecting communications between the Minister and any other person;

    • (k) respecting the correction of obvious errors in documents submitted to the Minister, in certificates of supplementary protection or in other documents issued under sections 106 to 133, including

      • (i) the determination by the Minister of what constitutes an obvious error, and

      • (ii) the effect of the correction; and

    • (l) generally, for carrying into effect the objects and purposes of sections 104 to 133 or for ensuring their due administration by the Minister.

  • Marginal note:For greater certainty

    (2) For greater certainty, the Governor in Council may make rules or regulations under paragraphs 12(1)(d), (g), (h) and (k) for the purposes of this section and sections 104 to 133.

  • 2017, c. 6, s. 59
  • 2018, c. 27, s. 199(E)
 
Date modified: