Patent Act (R.S.C., 1985, c. P-4)

Marginal note:Exception — experimentation

• 55.3 (1) An act committed for the purpose of experimentation relating to the subject-matter of a patent is not an infringement of the patent.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting

  • (a) factors that the court may consider, must consider or is not permitted to consider in determining whether an act is, or is not, committed for the purpose set out in subsection (1); and

  • (b) circumstances in which an act is, or is not, committed for the purpose set out in subsection (1).