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

Offences and Punishment (continued)

Marginal note:False representations, false entries, etc.

 Every person who, in relation to the purposes of this Act and knowing it to be false,

  • (a) makes any false representation,

  • (b) makes or causes to be made any false entry in any register or book,

  • (b.1) submits or causes to be submitted, in an electronic form, any false document, false information or document containing false information,

  • (c) makes or causes to be made any false document or alters the form of a copy of any document, or

  • (d) produces or tenders any document containing false information,

is guilty of an indictable offence and liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.

  • R.S., 1985, c. P-4, s. 76
  • 1993, c. 15, s. 53

Marginal note:Offence respecting patented medicines

  •  (1) Every person who contravenes or fails to comply with section 80, 81, 82 or 88 or any order made thereunder is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both; and

    • (b) in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

  • Marginal note:Idem

    (2) Every person who contravenes or fails to comply with section 84 or any order made under section 83 is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both; and

    • (b) in the case of a corporation, to a fine not exceeding one hundred thousand dollars.

  • Marginal note:Limitation period

    (3) Proceedings for an offence under subsection (1) or (2) may be commenced within, but not later than, two years after the time when the subject-matter of the proceedings arose.

  • Marginal note:Continuing offence

    (4) Where an offence under subsection (1) or (2) is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

  • 1993, c. 2, s. 6

Written Demands

Marginal note:Requirements

  •  (1) Any written demand received by a person in Canada, that relates to an invention that is patented in Canada or elsewhere or that is protected by a certificate of supplementary protection in Canada or by analogous rights granted elsewhere, must comply with the prescribed requirements.

  • Marginal note:Federal Court

    (2) Any person who receives a written demand that does not comply with the prescribed requirements, and any person who is aggrieved as a result of the receipt by another person of such a written demand, may bring a proceeding in the Federal Court.

  • Marginal note:Relief

    (3) If the Federal Court is satisfied that the written demand does not comply with the prescribed requirements, it may grant any relief that it considers appropriate, including by way of recovery of damages, punitive damages, an injunction, a declaration or an award of costs.

  • Marginal note:Liability — special case

    (4) If a corporation sends a written demand that does not comply with the prescribed requirements, is notified of those requirements and of the demand’s defects in respect of those requirements and does not, within a reasonable time after receiving the notice of those defects, remedy them, the corporation’s officers, directors, agents or mandataries are jointly and severally, or solidarily, liable with the corporation if they directed, authorized, assented to, acquiesced in or participated in the sending of the demand.

  • Marginal note:Due diligence

    (5) A person is not to be found liable under subsection (4) if they establish that they exercised due diligence to ensure that the written demand complies with the prescribed requirements.

  • 2018, c. 27, s. 195

Marginal note:Regulations

 The Governor in Council may make regulations for the purposes of section 76.2, including regulations

  • (a) respecting what constitutes a written demand or an aggrievement;

  • (b) respecting the requirements with which a written demand must comply;

  • (c) respecting factors that the Federal Court may consider, must consider or is not permitted to consider in making an order under subsection 76.2(3); and

  • (d) respecting the circumstances in which a defendant is not to be found liable in a proceeding brought under subsection 76.2(2).

  • 2018, c. 27, s. 195

Miscellaneous Matters

 [Repealed, 1993, c. 15, s. 54]

Marginal note:Time period extended

  •  (1) If a time period fixed under this Act, in respect of any business before the Patent Office, for doing anything ends on a prescribed day or a day that is designated by the Commissioner, that time period is extended to the next day that is not a prescribed day or a designated day.

  • Marginal note:Power to designate day

    (2) The Commissioner may, on account of unforeseen circumstances and if the Commissioner is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Commissioner shall inform the public of that fact on the website of the Canadian Intellectual Property Office.

  • R.S., 1985, c. P-4, s. 78
  • 2015, c. 36, s. 63
  • 2017, c. 6, ss. 44, 136

Transitional Provisions

Marginal note:Patent applications filed before October 1, 1989

 Applications for patents in Canada filed before October 1, 1989 shall be dealt with and disposed of in accordance with section 38.1 and with the provisions of this Act as they read immediately before October 1, 1989.

  • 1993, c. 15, s. 55
  • 2001, c. 10, s. 3

Marginal note:Special case

  •  (1) Subject to subsections (2) and (3), any matter arising on or after the day on which this subsection comes into force in respect of a patent issued on the basis of an application whose filing date is before October 1, 1989 shall be dealt with and disposed of in accordance with sections 38.1, 45, 46 and 48.1 to 48.5 and with the provisions of this Act, other than sections 46 and 56, as they read immediately before October 1, 1989.

  • Marginal note:Application of amendments to Act

    (2) The provisions of this Act that apply as provided in subsection (1) shall be read subject to any amendments to this Act, other than the amendments that came into force on October 1, 1989 or October 1, 1996 or that were made by sections 188, 189, and 195 of the Budget Implementation Act, 2018, No 2.

  • Marginal note:October 1, 1996

    (3) 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 October 1, 1996 of an invention for which a patent is issued on the basis of an application filed before October 1, 1989.

  • 1993, c. 15, s. 55
  • 2001, c. 10, s. 3
  • 2018, c. 27, s. 196

Marginal note:Previous version of section 43 applies

  •  (1) Where a conflict, as defined in section 43 as it read immediately before October 1, 1989, exists between an application for a patent in Canada filed before October 1, 1989 (the “earlier application”) and an application for a patent in Canada filed on or after that date (the “later application”) and

    • (a) the later application is filed by a person who is entitled to protection under the terms of any treaty or convention relating to patents to which Canada is a party and who has previously regularly filed in or for any other country that by treaty, convention or law affords similar protection to citizens of Canada an application for a patent describing the same invention,

    • (b) the later application is filed within twelve months after the filing of the previously regularly filed application,

    • (c) the applicant in the later application has made a request for priority in respect of that application on the basis of the previously regularly filed application, and

    • (d) the earlier application is filed after the filing of the previously regularly filed application,

    the applicant having the earlier date of invention shall be entitled to a patent and the applications shall be dealt with and disposed of in accordance with section 43, as it read immediately before October 1, 1989.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if

    • (a) the earlier application is filed by a person who is entitled to protection under the terms of any treaty or convention relating to patents to which Canada is a party and who has previously regularly filed in or for any other country that by treaty, convention or law affords similar protection to citizens of Canada an application for a patent describing the same invention;

    • (b) the earlier application is filed within twelve months after the filing of the previously regularly filed application mentioned in paragraph (a);

    • (c) the applicant in the earlier application has made a request for priority in respect of that application on the basis of the previously regularly filed application mentioned in paragraph (a); and

    • (d) the previously regularly filed application mentioned in paragraph (a) was filed before the filing of the previously regularly filed application mentioned in subsection (1).

  • 1993, c. 15, s. 55
 
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