Patent Act (R.S.C., 1985, c. P-4)

Marginal note:Abuse of rights under patents

• 65 (1) The Attorney General of Canada or any person interested may, at any time after the expiration of three years from the date of the grant of a patent, apply to the Commissioner alleging in the case of that patent that there has been an abuse of the exclusive rights thereunder and asking for relief under this Act.

• Marginal note:What amounts to abuse

  (2) The exclusive rights under a patent shall be deemed to have been abused in any of the following circumstances:

  • (a) and (b) [Repealed, 1993, c. 44, s. 196]

  • (c) if the demand for the patented article in Canada is not being met to an adequate extent and on reasonable terms;

  • (d) if, by reason of the refusal of the patentee to grant a licence or licences on reasonable terms, the trade or industry of Canada or the trade of any person or class of persons trading in Canada, or the establishment of any new trade or industry in Canada, is prejudiced, and it is in the public interest that a licence or licences should be granted;

  • (e) if any trade or industry in Canada, or any person or class of persons engaged therein, is unfairly prejudiced by the conditions attached by the patentee, whether before or after the passing of this Act, to the purchase, hire, licence or use of the patented article or to the using or working of the patented process; or

  • (f) if it is shown that the existence of the patent, being a patent for an invention relating to a process involving the use of materials not protected by the patent or for an invention relating to a substance produced by such a process, has been utilized by the patentee so as unfairly to prejudice in Canada the manufacture, use or sale of any materials.

• (3) and (4) [Repealed, 1993, c. 44, s. 196]

• Marginal note:Definition of patented article

  (5) For the purposes of this section, the expression patented article includes articles made by a patented process.