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

Marginal note:Application

  •  (1) On the payment of the prescribed fee, a patentee may apply to the Minister for a certificate of supplementary protection for a patented invention if all of the following conditions are met:

    • (a) the patent is not void and it meets any prescribed requirements;

    • (b) the filing date for the application for the patent is on or after October 1, 1989;

    • (c) the patent pertains in the prescribed manner to a medicinal ingredient, or combination of medicinal ingredients, contained in a drug for which an authorization for sale of the prescribed kind was issued on or after the day on which this section comes into force;

    • (d) the authorization for sale is the first authorization for sale that has been issued with respect to the medicinal ingredient or the combination of medicinal ingredients, as the case may be;

    • (e) no other certificate of supplementary protection has been issued with respect to the medicinal ingredient or the combination of medicinal ingredients, as the case may be;

    • (f) if an application for a marketing approval, equivalent to an authorization for sale, was submitted in a prescribed country with respect to the medicinal ingredient or combination of medicinal ingredients, as the case may be, before the application for the authorization for sale was filed with the Minister, the application for the authorization for sale was filed before the end of the prescribed period that begins on the day on which the first such application for a marketing approval was submitted.

  • Marginal note:Issuance — paragraph (1)(e)

    (2) Another certificate of supplementary protection is considered to have been issued for the purposes of paragraph (1)(e) even if that other certificate is subsequently held to be invalid or void or it never takes effect or ceases to have effect.

  • Marginal note:When application to be filed

    (3) An application for a certificate of supplementary protection shall be filed with the Minister before the end of the prescribed period that begins on

    • (a) the day on which the authorization for sale is issued, if the patent is granted on or before that day; or

    • (b) the day on which the patent is granted, if the patent is granted after the day on which the authorization for sale is issued.

  • Marginal note:Exception

    (4) Despite subsection (3), no application shall be filed within the prescribed period preceding the expiry of the term of the patent under section 44 without taking into account section 46.

  • Marginal note:Contents of application

    (5) An application for a certificate of supplementary protection shall

    • (a) set out the number, as recorded in the Patent Office, of the patent — as well as the medicinal ingredient or combination of medicinal ingredients and the number of the authorization for sale — in relation to which the certificate is sought;

    • (b) if paragraph (1)(f) applies with respect to the application, specify the day on which the first application for a marketing approval that is equivalent to an authorization for sale was made and the country in which that application was made; and

    • (c) set out any prescribed information.

  • Marginal note:One patent per application

    (6) Each application is permitted to set out only one patent.

  • 2017, c. 6, s. 59
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