Patent Act (R.S.C., 1985, c. P-4)

Section 48.4 — Certificate of board

Certificate of board On conclusion of a re-examination proceeding in respect of a claim of a patent, the re-examination board shall issue a certificate…

Section 26.1

Section 26.1 The Commissioner may publish any document open to the inspection of the public under section 10 and may print or cause to be printed, for…

Section 21.1 — Use is non-exclusive

Use is non-exclusive The use of a patented invention under an authorization is non-exclusive.

Section 55.11 — Exception — third party rights

third party rights This section applies only in respect of the following patents and certificates of supplementary protection that set out the following…

Section 78.58 — Regulations

Regulations For greater certainty, a regulation made under subsection 12(1) applies to an application for a patent referred to in section 78.22, unless the…

Section 9 — Destroyed or lost patents

Destroyed or lost patents If any patent is destroyed or lost, a certified copy may be issued in lieu thereof on payment of the prescribed fee.

Section 48.2 — Establishment of re-examination board

Establishment of re-examination board Forthwith after receipt of a request for re-examination under subsection 48.1(1), the Commissioner shall establish a…

Section 66 — Powers of Commissioner in cases of abuse

Powers of Commissioner in cases of abuse On being satisfied that a case of abuse of the exclusive rights under a patent has been established, the Commissioner…

Section 32 — Improvements

Improvements Any person who has invented any improvement on any patented invention may obtain a patent for the improvement, but he does not thereby obtain the…

Section 85 — Factors to be considered

Factors to be considered In determining under section 83 whether a medicine is being or has been sold at an excessive price in any market in Canada, the Board…

Section 21.08 — Royalty

Royalty Subject to subsections (3) and (4), on the occurrence of a prescribed event, the holder of an authorization is required to pay to the patentee or each…

Section 112 — Withdrawal

Withdrawal An applicant for a certificate of supplementary protection may withdraw their application in accordance with the regulations.

Section 27.1 — Maintenance fees

Maintenance fees To maintain an application for a patent in effect, the prescribed fees shall be paid on or before the prescribed dates. If a prescribed fee is…

Section 78.21 — Applications — no filing date

no filing date An application for a patent that is filed before the coming-into-force date and that does not have a filing date on the coming-into-force date…

Section 21.06 — Disclosure of information on website

Disclosure of information on website Before exporting a product manufactured under an authorization, the holder of the authorization must establish a website…

Section 21.04 — Authorization

Authorization Subject to subsection

Section 113 — Issue of certificate

Issue of certificate The Minister shall issue, to the patentee, a certificate of supplementary protection for the patented invention set out in the patentee’s…

Section 78.22 — Applications — filing date before October 1, 1989

filing date before October 1, 1989 An application for a patent whose filing date is before October 1, 1989 shall be dealt with and disposed of in accordance…

Section 78.51 — Abandonment before coming-into-force date

Abandonment before coming-into-force date If an application for a patent was deemed to be abandoned under section 73 as it read immediately before the…

Section 19.4 — Application by Minister

Application by Minister The Commissioner shall, on the application of the Minister of Health, authorize the Government of Canada and any person specified in…

Section 21.03 — Amending Schedules

Amending Schedules The Governor in Council may, by order, on the recommendation of the Minister and the Minister of Health, amend Schedule 1 by adding the name…

Section 78.5 — Applications — filing date October 1, 1996 to before coming-into-force date

filing date October 1, 1996 to before coming-into-force date Subject to sections 78.51 and 78.52, an application for a patent whose filing date is on or after…

Section 12 — Licences ceasing to have effect

Licences ceasing to have effect Every licence granted under section 39 of the former Act on or after December 20, 1991 shall cease to have effect on the…

Section 88 — Sales and expense information, etc., to be provided

Sales and expense information, etc., to be provided A rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the…

Section 19.1 — Conditions for authorizing use

Conditions for authorizing use The Commissioner may not authorize the use of a patented invention under section 19 unless the applicant establishes that it has…

Section 78.4 — Applications — filing date October 1, 1989 to before October 1, 1996

filing date October 1, 1989 to before October 1, 1996 Subject to sections 78.51 and 78.52, an application for a patent whose filing date is on or after October…

Section 55 — Liability for patent infringement

Liability for patent infringement A person who infringes a patent is liable to the patentee and to all persons claiming under the patentee for all damage…

Section 78 — Time period extended

Time period extended 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…

Section 32 — Prohibition

Prohibition Notwithstanding anything in section 39 of the Patent Act or in any licence granted under that section, no person shall, under a licence granted…

Section 44 — Term of patents based on applications filed on or after October 1, 1989

Term of patents based on applications filed on or after October 1, 1989 Subject to section 46, where an application for a patent is filed under this Act on or…

Section 1 — Short title

Short title This Act may be cited as the Patent Act .

Section 47 — Issue of new or amended patents

Issue of new or amended patents Whenever any patent is deemed defective or inoperative by reason of insufficient description and specification, or by reason of…

Section 78.6 — Payment of prescribed fees

Payment of prescribed fees If, before the day on which this section comes into force, a person has paid a prescribed fee applicable to a small entity, within…

Section 27 — Commissioner may grant patents

Commissioner may grant patents The Commissioner shall grant a patent for an invention to the inventor or the inventor’s legal representative if an application…

Section 132 — Time limit deemed extended

Time limit deemed extended If any time period fixed under any of sections 106 to 134 in respect of dealings with the Minister ends on a prescribed day or a day…

Section 2.1 — Binding on Her Majesty

Binding on Her Majesty This Act is binding on Her Majesty in right of Canada or a province.

Section 21.09 — Duration

Duration An authorization granted under subsection 21.04(1) is valid for a period of two years beginning on the day on which the authorization is granted.

Section 78.1 — Definition of coming-into-force date

Definition of coming-into-force date In sections 78.2, 78.21 and 78.5 to 78.56, coming-into-force date means the day on which section 121 of the Economic…

Section 123.1 — Admissible in evidence

Admissible in evidence A written communication, or any part of such a communication, that is admissible under section 53.1 in respect of a patent set out in a…

Section 78.2 — Filing date

Filing date The filing date of an application for a patent is with respect to an original application, if all of the following elements were received by the…

Section 12 — Rules and regulations

Rules and regulations The Governor in Council may make rules or regulations respecting the form and contents of applications for patents; defining drawing for…

Section 78.55 — Application of section 46 — item 31 of Schedule II to Patent Rules

item 31 of Schedule II to Patent Rules If the time, not including a period of grace, set out in item 31 of Schedule II to the Patent Rules to pay the…

Section 19.3 — Regulations

Regulations The Governor in Council may make regulations for the purpose of implementing, in relation to patents, Article 1720 of the Agreement. In subsection…

Section 27.01 — Reference to previously filed application

Reference to previously filed application Subject to the prescribed requirements and within the prescribed period, an applicant may submit to the Commissioner…

Section 41 — Appeal to Federal Court

Appeal to Federal Court Every person who has failed to obtain a patent by reason of a refusal of the Commissioner to grant it may, at any time within six…

Section 52.1 — Subsequent patentee or holder bound

Subsequent patentee or holder bound A licensing commitment in respect of a standard-essential patent that binds the patentee, binds any subsequent patentee and…

Section 104 — Definitions

Definitions The following definitions apply in this section and in sections 105 to 134 . authorization for sale has the meaning assigned by regulations. (…

Section 42 — Contents of patent

Contents of patent Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall…

Section 46.1 — Grant of additional term

Grant of additional term The Commissioner shall grant an additional term for a patent if the patent was issued after the later of the fifth anniversary of the…

Section 101 — Regulations

Regulations Subject to subsection (2), the Governor in Council may make regulations specifying the information and documents that shall be provided to the…

Section 21.16 — Obligation to provide copy of agreement

Obligation to provide copy of agreement Within fifteen days after the later of the day on which the authorization was granted and the day on which the…

Section 111 — Expiry of pending applications

Expiry of pending applications If two or more applications that set out the same authorization for sale and have the same priority are still pending at the end…

Section 87 — Information, etc., privileged

Information, etc., privileged Subject to subsection (2), any information or document provided to the Board under section 80, 81 or 82 or in any proceeding…

Section 31 — Payments to provinces

Payments to provinces The Minister of Consumer and Corporate Affairs shall pay to each province for each of the fiscal years commencing in the period April 1…

Section 124 — Action for infringement

Action for infringement An action for the infringement of a certificate of supplementary protection may be brought in the same manner as an action for the…

Section 76.3 — Regulations

Regulations The Governor in Council may make regulations for the purposes of section 76.2, including regulations respecting what constitutes a written demand…

Section 110 — Declaration of non-compliance

Declaration of non-compliance A pending application for a certificate of supplementary protection may be declared invalid or void by the Federal Court for…

Section 78.52 — Abandonment — requisition or notice before coming-into-force date

requisition or notice before coming-into-force date If, on or after the coming-into-force date, an applicant fails to do any act described in paragraph…

Section 28.2 — Subject-matter of claim must not be previously disclosed

Subject-matter of claim must not be previously disclosed The subject-matter defined by a claim in an application for a patent in Canada (the “pending…

Section 89 — Report

Report The Board shall in each year submit to the Minister a report setting out the Board’s estimate of the proportion, as a percentage, that the expenditures…

Section 73 — Deemed abandonment of applications

Deemed abandonment of applications An application for a patent in Canada shall be deemed to be abandoned if the applicant does not reply in good faith, within…

Section 21.18 — Advisory committee

Advisory committee The Minister and the Minister of Health shall establish, within three years after the day this section comes into force, an advisory…

Section 70 — Licence deemed to be by deed

Licence deemed to be by deed Any order for the grant of a licence under this Act, without prejudice to any other method of enforcement, operates as if it were…

Section 79 — Definitions

Definitions In this section and in sections 80 to 103, Board means the Patented Medicine Prices Review Board continued by section 91; ( Conseil ) Consumer…

Section 115 — Scope of supplementary protection

Scope of supplementary protection The issuance of a certificate of supplementary protection grants the certificate’s holder and their legal representatives…

Section 59 — Defence

Defence The defendant, in any action for infringement of a patent may plead as matter of defence any fact or default which by this Act or by law renders the…

Section 46.3 — Reconsideration of duration

Reconsideration of duration The Commissioner may reconsider the duration of an additional term granted under section 46.1 on the Commissioner’s own initiative…

Section 40 — Refusal by Commissioner

Refusal by Commissioner Whenever the Commissioner is satisfied that an applicant is not by law entitled to be granted a patent, he shall refuse the application…

Section 81 — Pricing information, etc. required by Board

Pricing information, etc. required by Board The Board may, by order, require a rights holder or former rights holder for an invention pertaining to a medicine…

Section 116 — Validity

Validity 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…

Section 21.19 — Website for notices to Canada

Website for notices to Canada The person designated by the Governor in Council for the purpose of this section must maintain a website on which is set out a…

Section 28.4 — Request for priority

Request for priority For the purposes of sections 28.1, 28.2 and 78.3, an applicant for a patent in Canada may request priority in respect of the application…

Section 21.12 — Renewal

Renewal The Commissioner shall, on the application of the person to whom an authorization was granted and on the payment of the prescribed fee, renew the…

Section 83 — Order re excessive prices

Order re excessive prices If the Board finds that a rights holder for an invention pertaining to a medicine is selling the medicine in any market in Canada at…

Section 91 — Establishment

Establishment The Patented Medicine Prices Review Board is hereby continued, and shall consist of not more than five members to be appointed by the Governor in…

Section 35 — Request for examination

Request for examination The Commissioner shall, on the request of any person made in such manner as may be prescribed and on payment of a prescribed fee, cause…

Section 200 — Section 52.1 of Patent Act

Section 52.1 of Patent Act Section 52.1 of the Patent Act applies in respect of any action or proceeding that has not been finally disposed of on the coming…

Section 21.05 — Form and content of authorization

Form and content of authorization The authorization must be in the prescribed form and, subject to subsection (2), contain the prescribed information. The…

Section 23 — Patented invention in vessels, aircraft, etc., of any country

Patented invention in vessels, aircraft, etc., of any country No patent shall extend to prevent the use of any invention in any ship, vessel, aircraft or land…

Section 58 — Invalid claims not to affect valid claims

Invalid claims not to affect valid claims When, in any action or proceeding respecting a patent that contains two or more claims, one or more of those claims…

Section 69 — Opposition and counter statement

Opposition and counter statement If the patentee or any person is desirous of opposing the granting of any relief under sections 65 to 70, he shall, within…

Section 127 — Abuse of patent rights

Abuse of patent rights The Commissioner may, in respect of application under section 65, exercise any of the powers under any of paragraphs 66

Section 28.3 — Invention must not be obvious

Invention must not be obvious The subject-matter defined by a claim in an application for a patent in Canada must be subject-matter that would not have been…

Section 55.3 — Exception — experimentation

experimentation An act committed for the purpose of experimentation relating to the subject-matter of a patent is not an infringement of the patent. The…

Section 28.01 — Addition to specification or addition of drawing to application

Addition to specification or addition of drawing to application Subject to the regulations, an applicant may, within the prescribed period, add to the…

Section 73.1 — Patent not invalid

Patent not invalid A patent shall not be declared invalid by reason only that the application on the basis of which the patent was granted was deemed to be…

Section 93 — Chairperson and Vice-chairperson

Chairperson and Vice-chairperson The Governor in Council shall designate one of the members of the Board to be Chairperson of the Board and one of the members…

Section 117 — Revocation of certificate

Revocation of certificate The Minister shall revoke a certificate of supplementary protection in the prescribed circumstances.

Section 55.2 — Exception

Exception It is not an infringement of a patent for any person to make, construct, use or sell the patented invention solely for uses reasonably related to the…

Section 76.2 — Requirements

Requirements 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…

Section 21.02 — Definitions

Definitions The definitions in this section apply in this section and in sections 21.03 to 21.19. authorization means an authorization granted under subsection…

Section 118 — Transfer of patent

Transfer of patent Despite subsection 49(1), a certificate of supplementary protection, or an application for one, is not transferable other than by the…

Section 48.1 — Request for re-examination

Request for re-examination Any person may request a re-examination of any claim of a patent by filing with the Commissioner prior art, consisting of patents…

Section 22 — Communication to Canadian Nuclear Safety Commission

Communication to Canadian Nuclear Safety Commission Any application for a patent for an invention that, in the opinion of the Commissioner, relates to the…

Section 133 — Service Fees Act

Service Fees Act The Service Fees Act does not apply in respect of the fees referred to in section 106 or 134.

Section 21.15 — Notice to patentee

Notice to patentee The Commissioner shall, without delay, notify the patentee, or each of the patentees, as the case may be, in writing of any authorization…

Section 2 — Definitions

Definitions In this Act, except as otherwise provided, applicant includes an inventor and the legal representatives of an applicant or inventor; ( demandeur )…

Section 46.2 — Maintenance fees

Maintenance fees To maintain the rights accorded by a patent during an additional term granted under section 46.1 in effect, the prescribed fees shall be paid…

Section 95 — Principal office

Principal office The principal office of the Board shall be in the National Capital Region described in the schedule to the National Capital Act . The Board…

Section 105 — Interpretation

Interpretation For the purposes of this section and sections 106 to 134 , if a patent is reissued under section 47, it is deemed to have been granted on the…

Section 21.14 — Termination by Federal Court

Termination by Federal Court On the application of a patentee, and on notice given by the patentee to the person to whom an authorization was granted, the…

Section 31 — Effect of refusal of a joint inventor to proceed

Effect of refusal of a joint inventor to proceed Where an invention is made by two or more inventors and one of them refuses to make application for a patent…

Section 5 — Assistant Commissioner

Assistant Commissioner An Assistant Commissioner of Patents may be appointed in the manner authorized by law and shall be a technical officer experienced in…

Section 65 — Abuse of rights under patents

Abuse of rights under patents The Attorney General of Canada or any person interested may, at any time after the expiration of three years from the date of the…

Section 21.01 — Purpose

Purpose The purpose of sections 21.02 to 21.2 is to give effect to Canada’s and Jean Chrétien’s pledge to Africa by facilitating access to pharmaceutical…

Section 17 — Practice on appeals

Practice on appeals In all cases where an appeal is provided from the decision of the Commissioner to the Federal Court under this Act, the appeal shall be had…

Section 48.3 — Re-examination proceeding

Re-examination proceeding On receipt of a reply under subsection 48.2(5) or in the absence of any reply within three months after notice is given under…

Section 119 — Applications, fees and documents

Applications, fees and documents Applications, fees and documents relating to certificates of supplementary protection shall be submitted to the Minister.

Section 191 — No liability

No liability Her Majesty in right of Canada or a province is not, by reason only of the enactment of subsection (1), liable for any use of a patented invention…

Section 25 — Cost of proceedings before the court

Cost of proceedings before the court In all proceedings before any court under this Act, the costs of the Commissioner are in the discretion of the court, but…

Section 52.2 — Regulations

Regulations The Governor in Council may make regulations, for the purposes of section 52.1, respecting what constitutes, or does not constitute, a licensing…

Section 45 — Term of patents based on applications filed before October 1, 1989

Term of patents based on applications filed before October 1, 1989 Subject to section 46, where an application for a patent is filed under this Act before…

Section 76 — False representations, false entries, etc.

False representations, false entries, etc. Every person who, in relation to the purposes of this Act and knowing it to be false, makes any false…

Section 90 — Inquiries

Inquiries The Board shall inquire into any matter that the Minister refers to the Board for inquiry and shall report to the Minister at the time and in…

Section 114 — Contents of certificate

Contents of certificate A certificate of supplementary protection shall set out the number, as recorded in the Patent Office, of the patent set out in the…

Section 125 — Impeachment

including on the basis that the certificate was issued despite non-compliance with any of the requirements, as they existed at the time that the certificate…

Section 131 — Costs of proceedings

Costs of proceedings In all proceedings before any court under this Act, including, for greater certainty, an application for judicial review of a decision of…

Section 126 — Judgment voiding certificate or claim

Judgment voiding certificate or claim A certificate of supplementary protection, or a claim in the patent set out in such a certificate, that is voided by a…

Section 128 — Provisions that apply

Provisions that apply Sections 66 to 71, other than paragraph 66(1)(c), apply for the purposes of section 127 , with any reference to “patent”, other than with…

Section 7 — Officers of Patent Office not to deal in patents, etc.

Officers of Patent Office not to deal in patents, etc. No officer or employee of the Patent Office shall buy, sell, acquire or traffic in any invention…

Section 38.2 — Amendments to specifications and drawings

Amendments to specifications and drawings Subject to subsections (2) to (3.1) and the regulations, the specification and drawings contained in an application…

Section 46 — Maintenance fees

Maintenance fees To maintain the rights accorded by a patent issued under this Act in effect during the term referred to in section 44 or 45, the prescribed…

Section 48.5 — Appeals

Appeals Any decision of a re-examination board set out in a certificate issued under subsection 48.4(1) is subject to appeal by the patentee to the Federal…

Section 21.11 — Authorization is non-transferable

Authorization is non-transferable An authorization is non-transferable, other than where the authorization is an asset of a corporation or enterprise and the…

Section 96 — General powers, etc.

General powers, etc. The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the…

Section 63 — Appeal

Appeal Every judgment voiding in whole or in part or refusing to void in whole or in part any patent is subject to appeal to any court having appellate…

Section 53 — Void in certain cases, or valid only for parts

Void in certain cases, or valid only for parts A patent is void if any material allegation in the petition of the applicant in respect of the patent is untrue…

Section 56 — Exception — prior use

a person, in good faith, committed an act that would otherwise constitute an infringement of the patent in respect of that claim, or made serious and effective…

Section 21.07 — Export notice

Export notice Before each shipment of any quantity of a product manufactured under an authorization, the holder of the authorization must, within fifteen days…

Section 121 — Copy in case of loss or destruction

Copy in case of loss or destruction The Minister may issue a certified copy of a certificate of supplementary protection to replace one that is lost or…

Section 108 — Order of priority — same authorization for sale

same authorization for sale Subsections (2) to (4) apply in determining the priority of applications for a certificate of supplementary protection that set out…

Section 92 — Advisory panel

Advisory panel The Minister may establish an advisory panel to advise the Minister on the appointment of persons to the Board, which panel shall include…

Section 78.57 — Reissued patents

Reissued patents For greater certainty, for the purposes of sections 78.53 and 78.54, a reissued patent is considered to be issued on the basis of the original…

Section 10 — Pending proceedings

Pending proceedings Any proceeding pending before the Patented Medicine Prices Review Board immediately before the commencement day shall be taken up and…

Section 19.2 — Appeal

Appeal Any decision made by the Commissioner under section 19 or 19.1 is subject to appeal to the Federal Court.

Section 46.4 — Federal Court

Federal Court A person may bring an action in the Federal Court against a patentee for an order to shorten the duration of an additional term granted under…

Section 78.3 — Previous version of section 43 applies

Previous version of section 43 applies Where a conflict, as defined in section 43 as it read immediately before October 1, 1989, exists between an application…

Section 129 — Electronic form and means

Electronic form and means Subject to the regulations, any document, information or fee that is submitted to the Minister under this Act may be submitted in any…

Section 8.1 — Electronic form and means

Electronic form and means Subject to the regulations, any document, information or fee that is submitted to the Commissioner or the Patent Office under this…

Section 62 — Judgment voiding patent

Judgment voiding patent A patent, or part of a patent, that is voided by a judgment shall be and be held to have been void and of no effect, unless the…

Section 106 — Application

Application On the payment of the prescribed fee, a patentee may apply to the Minister for a certificate of supplementary protection for a patented invention…

Section 10 — Inspection by the public

Inspection by the public Subject to subsections (2) to (6) and section 20, all patents, applications for patents and documents relating to patents or…

Section 21.13 — Termination

Termination Subject to section 21.14, an authorization ceases to be valid on the earliest of the expiry of the period referred to in section 21.09 in respect…

Section 130 — Certified copies as evidence

Certified copies as evidence In any action or proceeding respecting a certificate of supplementary protection authorized to be had or taken in Canada under…

Section 86 — Hearings to be public

Hearings to be public A hearing under section 83 shall be held in public unless the Board is satisfied on representations made by the person to whom the…

Section 82 — Notice of introductory price

Notice of introductory price A rights holder for an invention pertaining to a medicine who intends to sell the medicine in a market in Canada in which it has…

Section 98 — Orders

Orders The Board may, in any order, direct that the order or any portion thereof shall come into force at a future time, on the happening of a contingency…

Section 109 — Applications with same authorization for sale and priority

Applications with same authorization for sale and priority If two or more pending applications set out the same authorization for sale and have the same…

Section 21.2 — Review

Review A review of sections 21.01 to 21.19 and their application must be completed by the Minister two years after this section comes into force. The Minister…

Section 94 — Staff

Staff Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service…

Section 57 — Injunction may issue

Injunction may issue In any action for infringement of a patent, the court, or any judge thereof, may, on the application of the plaintiff or defendant, make…

Section 18 — Notice on appeal

Notice on appeal Whenever an appeal to the Federal Court from the decision of the Commissioner is permitted under this Act, notice of the decision shall be…

Section 102 — Meetings with Minister

Meetings with Minister The Minister may at any time convene a meeting of the following persons: the Chairperson and such members of the Board as the…

Section 48 — Patentee may disclaim anything included in patent by mistake

Patentee may disclaim anything included in patent by mistake Whenever, by any mistake, accident or inadvertence, and without any wilful intent to defraud or…

Section 14 — Certified copies of patents as evidence

Certified copies of patents as evidence In any action or proceeding respecting a patent authorized to be had or taken in Canada under this Act, a copy of any…

Section 28.1 — Claim date

Claim date The date of a claim in an application for a patent in Canada (the “pending application”) is the filing date of the application, unless the pending…

Section 34.1 — Filing

Filing Any person may file with the Commissioner prior art, consisting of patents, applications for patents open to public inspection and printed publications…

Section 4 — Commissioner of Patents

Commissioner of Patents The Governor in Council may appoint a Commissioner of Patents who shall, under the direction of the Minister, exercise the powers and…

Section 13 — Actions and proceedings barred

Actions and proceedings barred No action or proceeding for any compensation or damages lies against Her Majesty in right of Canada in respect of any direct or…

Section 26 — Annual report

Annual report The Commissioner shall, in each year, cause to be prepared and laid before each House of Parliament a report of the Commissioner’s activities…

Section 19 — Government may apply to use patented invention

Government may apply to use patented invention Subject to section 19.1, the Commissioner may, on application by the Government of Canada or the government of a…

Section 9 — Definitions

Definitions In this section and sections 10 to 13, commencement day means the day on which section 3 of this Act comes into force; ( date d’entrée en vigueur )…

Section 54 — Jurisdiction of courts

Jurisdiction of courts An action for the infringement of a patent may be brought in that court of record that, in the province in which the infringement is…

Section 21.17 — Application when agreement is commercial in nature

Application when agreement is commercial in nature If the average price of the product to be manufactured under an authorization is equal to or greater than 25…

Section 122 — Issuance of patent under section 47

Issuance of patent under section 47 If a patent set out in a certificate of supplementary protection or in a pending application for such a certificate is…

Section 76.1 — Offence respecting patented medicines

Offence respecting patented medicines Every person who contravenes or fails to comply with section 80, 81, 82 or 88 or any order made thereunder is guilty of…

Section 107 — Information to be provided

Information to be provided An applicant shall provide the Minister with any additional information that the Minister considers necessary. Whenever the Minister…

Section 20 — Assignment to Minister of National Defence

Assignment to Minister of National Defence Any officer, servant or employee of the Crown or of a corporation that is an agent or servant of the Crown, who…

Section 21 — Agreement between Canada and other government

Agreement between Canada and other government Where by any agreement between the Government of Canada and any other government it is provided that the…

Section 55.01 — Limitation

Limitation No remedy may be awarded for an act of infringement committed more than six years before the commencement of the action for infringement.

Section 38.1 — Biological material may be deposited

Biological material may be deposited Where a specification refers to a deposit of biological material and the deposit is in accordance with the regulations…

Section 120 — Inspection by public

Inspection by public The Minister shall ensure that the prescribed contents of all certificates of supplementary protection and applications for a certificate…

Section 28 — Filing date

Filing date Subject to subsections 28.01(2) and 36(4), the filing date of an application for a patent in Canada is the date on which the Commissioner receives…

Section 84 — Compliance

Compliance A rights holder or former rights holder who is required by any order made under section 83 to reduce the price of a medicine shall commence…

Section 43 — Form and duration of patents

Form and duration of patents Subject to section 46, every patent granted under this Act shall be issued under the seal of the Patent Office, and shall bear on…

Section 134 — Regulations

Regulations The Governor in Council may make rules or regulations defining the term authorization for sale ; respecting the form and contents of applications…

Section 203 — Section 56 of Patent Act

Section 56 of Patent Act Section 56 of the Patent Act , as enacted by section 194 of this Act, applies only in respect of an action or proceeding in respect of…

Section 55.1 — Burden of proof for patented process

Burden of proof for patented process In an action for infringement of a patent granted for a process for obtaining a new product, any product that is the same…

Section 13 — Seal of office

Seal of office The Commissioner shall cause a seal to be made for the purposes of this Act and may cause to be sealed therewith every patent and other…

Section 6 — Staff

Staff There may be appointed in the manner authorized by law such principal examiners, examiners, associate examiners and assistant examiners, clerks…

Section 78.56 — Non-application of subsection 27.1(4) and section 73.1

Non-application of subsection 27.1(4) and section 73.1 Subsection 27.1(4) and section 73.1 do not apply to a patent that was granted before the…

Section 52 — Jurisdiction of Federal Court

Jurisdiction of Federal Court The Federal Court has jurisdiction, on the application of the Commissioner or of any person interested, to order that any entry…

Section 123 — Application

Application Sections 19 to 19.2 apply with respect to certificates of supplementary protection, with any reference to “patented invention” to be read, with any…

Section 71 — Appeal to Federal Court

Appeal to Federal Court All orders and decisions of the Commissioner under sections 65 to 70 are subject to appeal to the Federal Court, and on any such appeal…

Section 3 — Patent Office

Patent Office There shall be attached to the Department of Industry, or to such other department of the Government of Canada as may be determined by the…

Section 78.53 — Patents — filing date before October 1, 1989

filing date before October 1, 1989 Subject to subsection 78.55(2), any matter arising on or after the coming-into-force date, in respect of a patent granted on…

Section 99 — Enforcement of orders

Enforcement of orders Any order of the Board may be made an order of the Federal Court or any superior court of a province and is enforceable in the same…

Section 53.1 — Admissible in evidence

Admissible in evidence In any action or proceeding respecting a patent, a written communication, or any part of such a communication, may be admitted into…

Section 97 — Proceedings

Proceedings All proceedings before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit. In…

Section 80 — Pricing information, etc., required by regulations

Pricing information, etc., required by regulations A rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the…

Section 16.1 — Privileged communication

Privileged communication A communication that meets the following conditions is privileged in the same way as a communication that is subject to…

Section 100 — Report of Board

Report of Board The Board shall in each year submit to the Minister a report on its activities during the preceding year. The report shall contain a summary of…

Section 49 — Patent, application and right or interest in invention

Patent, application and right or interest in invention A patent, an application for a patent, and the right or interest in an invention are transferable, in…

Section 11 — Licences continued

Licences continued A licence that has been granted under section 39 of the former Act before December 20, 1991 and that has not been terminated before the…

Section 60 — Impeachment of patents or claims

Impeachment of patents or claims A patent or any claim in a patent may be declared invalid or void by the Federal Court at the instance of the Attorney General…

Section 75 — Offences

Offences Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three…

Section 68 — Contents of applications

Contents of applications Every application presented to the Commissioner under section 65 shall set out fully the nature of the applicant’s interest, the facts…

Section 36 — Patent for one invention only

Patent for one invention only A patent shall be granted for one invention only but in an action or other proceeding a patent shall not be deemed to be invalid…

Section 202 — Section 55.3 of Patent Act

Section 55.3 of Patent Act Section 55.3 and paragraph 124(1)(f) of the Patent Act apply in respect of any action or proceeding that has not been finally…

Section 78.54 — Patents — filing date October 1, 1989 to before coming-into-force date

filing date October 1, 1989 to before coming-into-force date Subject to subsection 78.55(1) and section 78.56, any matter arising on or after the…

Section 14 — Review of certain sections

Review of certain sections On the expiration of four years after this Act is assented to, the provisions of the Patent Act enacted by this Act shall be…

Section 103 — Agreements with provinces

Agreements with provinces The Minister may enter into agreements with any province respecting the distribution of, and may pay to that province out of the…

Section 201 — Sections 53.1 and 123.1 of Patent Act

Sections 53.1 and 123.1 of Patent Act Sections 53.1 and 123.1 of the Patent Act apply in respect of any action or proceeding that has not been finally disposed…

Section 106 — Application

Application (1)(e) even if that other certificate is subsequently held to be invalid or void or it never takes effect or ceases to have effect. An application…

Section 46.2 — Maintenance fees

Maintenance fees (4), that subsection is deemed never to have produced its effects if the patentee, within the prescribed time, makes a request to the…

Section 134 — Regulations

Regulations (2), including requiring the use of those electronic means; respecting the withdrawal of an application for a certificate of supplementary…

Section 55.11 — Exception — third party rights

third party rights (2) was not paid on or before the applicable prescribed date referred to in that subsection, without taking into account subsection 46.2…

Section 46.1 — Grant of additional term

Grant of additional term (1)(a) and the day on which the patent is issued minus the number of days that is determined under the regulations. Despite subsection…

Section 56 — Exception — prior use

prior use (1) or paragraph (b), as the case may be, does not apply to an act committed by the transferor after the transfer; and it is not an infringement of…

Section 75 — Offences

Offences of supplementary protection for the sole making or selling of that thing; after a certificate of supplementary protection has been issued and before…

Section 12 — Rules and regulations

Rules and regulations (7); respecting the processing and examination of applications for patents; respecting the form of the Register of Patents and of the…

Section 124 — Action for infringement

Action for infringement (1), with any reference to “patent” to be read as a reference to “certificate of supplementary protection”; section 58, with the…

Section 21.03 — Amending Schedules

Amending Schedules in Schedule 2 that has provided the TRIPS Council with a notice in writing stating that the WTO Member intends to import, in accordance with…

Section 105 — Interpretation

Interpretation those ingredients, they are to be treated as the same combination of medicinal ingredients for the purposes of this section and sections 106 to…

Section 2 — Definitions

Definitions (4); ( date de dépôt ) holder means, with respect to a certificate of supplementary protection, the person for the time being that is entitled to…

Section 78.2 — Filing date

Filing date date on which they were received or, if they were received on different dates, the latest of those different dates: an indication, in English or…

Section 78.3 — Previous version of section 43 applies

Previous version of section 43 applies (1) does not apply if the earlier application is filed by a person who is entitled to protection under the terms of any…

Section 79 — Definitions

Definitions (1) and sections 80 to 101, an invention pertains to a medicine if the invention is intended or capable of being used for medicine or for the…

Section 101 — Regulations

Regulations (1)(d), (f), (h) or (i) except on the recommendation of the Minister, made after the Minister has consulted with the provincial ministers of the…

Section 16.1 — Privileged communication

Privileged communication (1)(a) to (c). For the purposes of this section, a patent agent or an individual who is authorized to act as the equivalent of a…

Section 69 — Opposition and counter statement

Opposition and counter statement (1), the judgment, decision or order of the Federal Court is final, and where a question or issue of fact is referred under…

Section 65 — Abuse of rights under patents

Abuse of rights under patents expression patented article includes articles made by a patented process.

Section 21.14 — Termination by Federal Court

Termination by Federal Court (2); the product exported to the country or WTO Member, as the case may be, under the authorization has been, with the knowledge…

Section 85 — Factors to be considered

Factors to be considered (1), the Board is unable to determine whether the medicine is being or has been sold in any market in Canada at an excessive price…

Section 28.2 — Subject-matter of claim must not be previously disclosed

Subject-matter of claim must not be previously disclosed previously regularly filed application is before the claim date of the pending application, the filing…

Section 46 — Maintenance fees

Maintenance fees (4), that subsection is deemed never to have produced its effects if the patentee, within the prescribed time, makes a request to the…

Section 122 — Issuance of patent under section 47

Issuance of patent under section 47 (1) by a holder of a certificate, the Minister shall issue a new certificate of supplementary protection, setting out the…

Section 28.4 — Request for priority

Request for priority (2) shall, for the purposes of that section or subsection, be considered never to have been filed if on the filing date of one of the…

Section 38.2 — Amendments to specifications and drawings

Amendments to specifications and drawings (2) to (3.1) apply subject to any regulations made under paragraph 12 (1)(j.81).

Section 19.4 — Application by Minister

Application by Minister (1) shall pay the patentee any amount that the Commissioner considers to be adequate remuneration in the circumstances, taking into…

Section 47 — Issue of new or amended patents

Issue of new or amended patents (1) takes effect only on the issue of the new patent, and the new patent and the amended description and specification have the…

Section 66 — Powers of Commissioner in cases of abuse

Powers of Commissioner in cases of abuse (2)(f), he may order the grant of licences to the applicant and to such of his customers, and containing such terms…

Section 127 — Abuse of patent rights

Abuse of patent rights (1)(a), (d) and (e) with respect to an issued certificate of supplementary protection if he or she is satisfied that a case of abuse of…

Section 80 — Pricing information, etc., required by regulations

Pricing information, etc., required by regulations (2) does not apply to a person who has not, for a period of three or more years, been entitled to the…

Section 55.2 — Exception

concerning any product to which a patent may relate may be issued to any person under any Act of Parliament that regulates the manufacture, construction, use…

Section 31 — Effect of refusal of a joint inventor to proceed

Effect of refusal of a joint inventor to proceed may be joined on satisfying the Commissioner that he or they should be so joined, and that the omission of the…

Section 27 — Commissioner may grant patents

Commissioner may grant patents of a machine, or in any other case in which an invention admits of illustration by means of drawings, the applicant shall, as…

Section 83 — Order re excessive prices

Order re excessive prices (4), if the Board finds that a former rights holder for an invention pertaining to a medicine had, while a rights holder, sold the…

Section 73 — Deemed abandonment of applications

Deemed abandonment of applications (5) is not made and the prescribed fee referred to in that notice is not paid within the prescribed time. An application…

Section 21.04 — Authorization

Authorization (3), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to make, construct…

Section 21.17 — Application when agreement is commercial in nature

Application when agreement is commercial in nature (3) on the grounds that the essence of the agreement under which the product is to be sold is commercial in…

Section 20 — Assignment to Minister of National Defence

Assignment to Minister of National Defence (3) shall be held in camera on request made to the court by any party to the proceedings. An assignment to the…

Section 12 — Rules and regulations

Rules and regulations Treaty done at Washington on June 19, 1970, including any amendments, modifications and revisions made from time to time to which Canada…

Section 78.2 — Filing date

Filing date which the divisional application results, determined in accordance with this section.

Section 2 — Definitions

Definitions or form. ( règle ) work on a commercial scale

Section 21.04 — Authorization

Authorization requirements of the Food and Drugs Act and its regulations, including the requirements under those regulations relating to the marking…

Section 83 — Order re excessive prices

Order re excessive prices (3), as the case may be, direct the rights holder or former rights holder to do any one or more of the things referred to in that…

Section 55.2 — Exception

Exception procedure of the court in the matter, the defences that may be pleaded, the remedies that may be sought, the joinder of parties and of rights of…

Section 28.4 — Request for priority

Request for priority (5)(a)(i) and (ii), the filing date of the pending application or the co-pending application, as the case may be, shall be deemed to be…

Section 56 — Exception — prior use

prior use (7), the use of an article is not an infringement of a patent or any certificate of supplementary protection that sets out the patent, in respect of…

Section 124 — Action for infringement

Action for infringement (2) and any Act of Parliament or regulations made under such an Act, the regulations made under subsection (2) prevail to the extent of…

Section 21.17 — Application when agreement is commercial in nature

Application when agreement is commercial in nature under subsection (3) if, under the protection of a confidentiality order made by the Court, the holder of…

Section 20 — Assignment to Minister of National Defence

Assignment to Minister of National Defence the application is found allowable may, before the grant of any patent thereon, certify to the Commissioner that, in…

Section 21.03 — Amending Schedules

Amending Schedules import, in accordance with the General Council Decision, pharmaceutical products, as defined in paragraph 1(a) of that decision, only if…

Section 55.11 — Exception — third party rights

third party rights (3) or paragraph (b), as the case may be, does not apply in respect of an act committed by the transferor after the transfer; and it is not…

Section 66 — Powers of Commissioner in cases of abuse

Powers of Commissioner in cases of abuse (1)(a) is entitled to call on the patentee to take proceedings to prevent infringement of the patent, and if the…

Section 127 — Abuse of patent rights

Abuse of patent rights certificate.

Section 12 — Rules and regulations

Rules and regulations (3); respecting the application of subsection 28.4 (6); respecting divisional applications, including the time period within which…

Section 21.04 — Authorization

Authorization (2)(a) to (g); and the applicant also provides the Commissioner with if the application relates to a WTO Member listed in Schedule 2, a certified…

Section 21.03 — Amending Schedules

Amending Schedules of the country is no longer on the Organization for Economic Co-operation and Development’s list of countries that are eligible for official…

Section 56 — Exception — prior use

prior use (6) does not apply if the person referred to in that subsection was able to make or sell, or to make the preparations to make or sell, the article…

Section 20 — Assignment to Minister of National Defence

Assignment to Minister of National Defence (7), except by permission of the Minister. No copy of any specification or other document or drawing in respect of…

Section 55.11 — Exception — third party rights

third party rights (7) was done or the preparations to do so were made in the course of a business and that business, or the part of that business in the…

Section 56 — Exception — prior use

prior use (9) does not apply if the person referred to in that subsection was able to provide the service or make the preparations to provide it only because…

Section 12 — Rules and regulations

Rules and regulations (3)(b) do not apply; respecting communications between the Commissioner and any other person; authorizing the Commissioner to, during or…

Section 20 — Assignment to Minister of National Defence

Assignment to Minister of National Defence Governor in Council, if satisfied that an invention relating to any instrument or munition of war, described in any…

Section 21.04 — Authorization

Authorization stating that the product to which the application relates is the product specified in the notice and that the product is not patented in that…