Patent Act (R.S.C., 1985, c. P-4)

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Act current to 2019-06-20 and last amended on 2018-12-13. Previous Versions

Seal

Marginal note:Seal of office

  •  (1) The Commissioner shall cause a seal to be made for the purposes of this Act and may cause to be sealed therewith every patent and other instrument and copy thereof issuing from the Patent Office.

  • Marginal note:Seal to be evidence

    (2) Every court, judge and person shall take notice of the seal of the Patent Office, shall admit the impressions thereof in evidence in like manner as the impressions of the Great Seal are admitted in evidence and shall take notice of and admit in evidence, without further proof and without production of the originals, all copies or extracts certified under the seal of the Patent Office to be copies of or extracts from documents deposited in that Office.

  • R.S., c. P-4, s. 13

Proof of Patents

Marginal note:Certified copies of patents as evidence

 In any action or proceeding respecting a patent authorized to be had or taken in Canada under this Act, a copy of any patent granted in any other country, or any official document connected therewith, purporting to be certified under the hand of the proper officer of the government of the country in which the patent has been obtained, may be produced before the court or a judge thereof, and the copy of the patent or document purporting to be so certified may be admitted in evidence without production of the original and without proof of the signature or official character of the person appearing to have signed it.

  • R.S., c. P-4, s. 14

Patent Agents

Marginal note:Register of patent agents

 A register of patent agents shall be kept in the Patent Office on which shall be entered the names of all persons and firms entitled to represent applicants in the presentation and prosecution of applications for patents or in other business before the Patent Office.

  • R.S., 1985, c. P-4, s. 15
  • R.S., 1985, c. 33 (3rd Supp.), s. 4

Marginal note:Misconduct

 For gross misconduct or any other cause that he may deem sufficient, the Commissioner may refuse to recognize any person as a patent agent or attorney either generally or in any particular case.

  • R.S., c. P-4, s. 16

Marginal note:Privileged communication

  •  (1) A communication that meets the following conditions is privileged in the same way as a communication that is subject to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries and no person shall be required to disclose, or give testimony on, the communication in a civil, criminal or administrative action or proceeding:

    • (a) it is between an individual whose name is entered on the register of patent agents and that individual’s client;

    • (b) it is intended to be confidential; and

    • (c) it is made for the purpose of seeking or giving advice with respect to any matter relating to the protection of an invention.

  • Marginal note:Waiver

    (2) Subsection (1) does not apply if the client expressly or implicitly waives the privilege.

  • Marginal note:Exceptions

    (3) Exceptions to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries apply to a communication that meets the conditions set out in paragraphs (1)(a) to (c).

  • Marginal note:Patent agents — country other than Canada

    (4) A communication between an individual who is authorized to act as a patent agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between an individual whose name is entered on the register of patent agents and that individual’s client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c).

  • Marginal note:Individual acting on behalf of patent agent or client

    (5) For the purposes of this section, an individual whose name is entered on the register of patent agents or an individual who is authorized to act as a patent agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf.

  • Marginal note:Application

    (6) This section applies to communications that are made before the day on which this section comes into force if they are still confidential on that day and to communications that are made after that day. However, this section does not apply in respect of an action or proceeding commenced before that day.

  • 2015, c. 36, s. 54

Appeals

Marginal note:Practice on appeals

 In all cases where an appeal is provided from the decision of the Commissioner to the Federal Court under this Act, the appeal shall be had and taken pursuant to the Federal Courts Act and the rules and practice of that Court.

  • R.S., 1985, c. P-4, s. 17
  • 2002, c. 8, s. 182

Marginal note:Notice on appeal

  •  (1) Whenever an appeal to the Federal Court from the decision of the Commissioner is permitted under this Act, notice of the decision shall be mailed by the Commissioner by registered letter addressed to the interested parties or their respective agents.

  • Marginal note:Time for taking appeal

    (2) The appeal shall be taken within three months after the date of mailing of the notice, unless otherwise provided by or under this Act.

  • R.S., 1985, c. P-4, s. 18
  • 1993, c. 15, s. 30

Use of Patents by Government

Marginal note:Government may apply to use patented invention

  •  (1) Subject to section 19.1, the Commissioner may, on application by the Government of Canada or the government of a province, authorize the use of a patented invention by that government.

  • Marginal note:Terms of use

    (2) Subject to section 19.1, the use of the patented invention may be authorized for such purpose, for such period and on such other terms as the Commissioner considers expedient but the Commissioner shall settle those terms in accordance with the following principles:

    • (a) the scope and duration of the use shall be limited to the purpose for which the use is authorized;

    • (b) the use authorized shall be non-exclusive; and

    • (c) any use shall be authorized predominantly to supply the domestic market.

  • Marginal note:Notice

    (3) The Commissioner shall notify the patentee of any use of the patented invention that is authorized under this section.

  • Marginal note:Payment of remuneration

    (4) Where the use of the patented invention is authorized, the authorized user shall pay to the patentee such amount as the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization.

  • Marginal note:Termination of authorization

    (5) The Commissioner may, on application by the patentee and after giving all concerned parties an opportunity to be heard, terminate the authorization if the Commissioner is satisfied that the circumstances that led to the granting of the authorization have ceased to exist and are unlikely to recur, subject to such conditions as the Commissioner deems appropriate to protect the legitimate interests of the authorized user.

  • Marginal note:Authorization not transferable

    (6) An authorization granted under this section is not transferable.

  • R.S., 1985, c. P-4, s. 19
  • 1993, c. 44, s. 191

Marginal note:Conditions for authorizing use

  •  (1) The Commissioner may not authorize the use of a patented invention under section 19 unless the applicant establishes that

    • (a) it has made efforts to obtain from the patentee on reasonable commercial terms and conditions the authority to use the patented invention; and

    • (b) its efforts have not been successful within a reasonable period.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in cases of national emergency or extreme urgency or where the use for which the authorization is sought is a public non-commercial use.

  • Marginal note:Prescribed uses

    (3) The Commissioner may not, under section 19, authorize any use that is a prescribed use unless the proposed user complies with the prescribed conditions.

  • Marginal note:Limitation on use of semi-conductor technology

    (4) The Commissioner may not, under section 19, authorize any use of semi-conductor technology other than a public non-commercial use.

  • 1993, c. 44, s. 191
  • 1994, c. 47, s. 142
 
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