Patent Act

Marginal note:Certificate of board

• 48.4 (1) On conclusion of a re-examination proceeding in respect of a claim of a patent, the re-examination board shall issue a certificate

  • (a) cancelling any claim of the patent determined to be unpatentable;

  • (b) confirming any claim of the patent determined to be patentable; or

  • (c) incorporating in the patent any proposed amended or new claim determined to be patentable.

• Marginal note:Certificate attached to patent

  (2) A certificate issued in respect of a patent under subsection (1) shall be attached to the patent and made part thereof by reference, and a copy of the certificate shall be sent by registered mail to the patentee.

• Marginal note:Effect of certificate

  (3) For the purposes of this Act, where a certificate issued in respect of a patent under subsection (1)

  • (a) cancels any claim but not all claims of the patent, the patent shall be deemed to have been issued, from the date of grant, in the corrected form;

  • (b) cancels all claims of the patent, the patent shall be deemed never to have been issued; or

  • (c) amends any claim of the patent or incorporates a new claim in the patent, the amended claim or new claim shall be effective, from the date of the certificate, for the unexpired term of the patent.

• Marginal note:Appeals

  (4) Subsection (3) does not apply until the time for taking an appeal has expired under subsection 48.5(2) and, if an appeal is taken, subsection (3) applies only to the extent provided in the final judgment on the appeal.