Patent Act

Marginal note:Validity

• 116 (1) After the certificate is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the holder and the holder’s legal representatives for its term.

• Marginal note:Taking effect

  (2) A certificate of supplementary protection takes effect on the expiry of the term referred to in section 44, without taking into account section 46, of the patent set out in the certificate, but the certificate takes effect only if the patent remains valid until, and is not void before, the expiry of that term.

• Marginal note:Calculation of term

  (3) The certificate’s term is calculated by subtracting five years from the period beginning on the filing date of the application for the patent and ending on the day on which the authorization for sale set out in the certificate is issued, but in any event is for a maximum of two years.

• Marginal note:Reduction in period

  (4) Despite subsection (3), if the person to whom the authorization for sale set out in the certificate is issued is also the patentee, the Minister may, if he or she is of the opinion that that person’s failure to act resulted in a period of unjustified delay in the process of obtaining the authorization for sale, reduce the term of the certificate when issuing it by the amount of that period.

• Marginal note:Never takes effect

  (5) A certificate of supplementary protection that has been issued never takes effect if the calculation of its term, including any reduction under subsection (3), produces a result of zero or a negative value.

• Marginal note:For greater certainty

  (6) For greater certainty, the certificate’s term runs concurrently with any additional term granted under section 46.1.