Patent Act

Version of section 56 from 2002-12-31 to 2018-12-12:


Marginal note:Patent not to affect previous purchaser

  •  (1) Every person who, before the claim date of a claim in a patent has purchased, constructed or acquired the subject matter defined by the claim, has the right to use and sell to others the specific article, machine, manufacture or composition of matter patented and so purchased, constructed or acquired without being liable to the patentee or the legal representatives of the patentee for so doing.

  • Marginal note:Non-application

    (2) Subsection (1) does not apply in respect of a purchase, construction or acquisition referred to in subsection (3) or (4).

  • Marginal note:Special case

    (3) Section 56 of the Patent Act, as it read immediately before the day on which subsection (1) came into force, applies in respect of a purchase, construction or acquisition made before that day of an invention for which a patent is issued on the basis of an application filed after October 1, 1989 and before the day on which subsection (1) came into force.

  • Marginal note:Idem

    (4) Section 56 of the Patent Act, as it read immediately before October 1, 1989, applies in respect of a purchase, construction or acquisition made before the day on which subsection (1) came into force of an invention for which a patent is issued before October 1, 1989 or is issued after October 1, 1989 on the basis of an application filed before October 1, 1989.

  • R.S., 1985, c. P-4, s. 56
  • R.S., 1985, c. 33 (3rd Supp.), s. 22
  • 1993, c. 44, ss. 194, 199
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