- SHORT TITLE
- INTERPRETATION
- HER MAJESTY
- PATENT OFFICE AND OFFICERS
- Patent Office
- Commissioner of Patents
- Duties of Commissioner
- Tenure of office and salary
- Delegation
- Appeal
- Assistant Commissioner
- Absence or inability to act
- Staff
- Officers of Patent Office not to deal in patents
- Restriction
- Clerical errors
- Electronic or other submission of documents, information or fees
- Time of receipt
- Storage of documents or information in electronic or other form
- Destroyed or lost patents
- Inspection by the public
- Confidentiality period
- Beginning of confidentiality period
- Withdrawal of request
- Withdrawn applications
- Prescribed date
- Patents issued out of Canada
- RULES AND REGULATIONS
- SEAL
- PROOF OF PATENTS
- PATENT AGENTS
- APPEALS
- USE OF PATENTS BY GOVERNMENT
- GOVERNMENT OWNED PATENTS
- Assignment to Minister of National Defence
- Idem
- Inventor entitled to compensation
- Proceedings before Federal Court
- Vesting on assignment
- Person making assignment and person having knowledge thereof
- Minister may submit application for patent
- Secret application
- Custody of secret application
- Delivery of secret application
- Delivery to Minister
- Revocation
- Prohibition of publication and inspection
- Waiver by Minister
- Rights protected
- Communication to Minister
- Order to keep non-assigned application secret
- Rules
- Agreement between Canada and other government
- USE OF PATENTS FOR INTERNATIONAL HUMANITARIAN PURPOSES TO ADDRESS PUBLIC HEALTH PROBLEMS
- Purpose
- Definitions
- Amending Schedules
- Restriction - Schedule 3
- Removal from Schedules 2 to 4
- Timeliness of orders
- Authorization
- Contents of application
- Conditions for granting of authorization
- Form and content of authorization
- Quantity
- Disclosure of information on website
- Obligation to maintain
- Links to other websites
- Posting on the website
- Export notice
- Royalty
- Factors to consider when making regulations
- Time for payment
- Federal Court may determine royalty
- Application and notice
- Contents of order
- Conditions for making of order
- Duration
- Use is non-exclusive
- Authorization is non-transferable
- Renewal
- One renewal
- When application must be made
- Duration
- Prescribed form
- Termination
- Termination by Federal Court
- Notice to patentee
- Obligation to provide copy of agreement
- Prohibition
- Application when agreement is commercial in nature
- Factors for determining whether agreement is commercial in nature
- Order
- Additional order
- Restriction
- Definitions
- Advisory committee
- Standing committee
- Website for notices to Canada
- Review
- Tabling of report
- PATENTS RELATING TO NUCLEAR ENERGY
- GENERAL
- APPLICATION FOR PATENTS
- Commissioner may grant patents
- Application requirements
- Specification
- Claims
- Alternative definition of subject-matter
- When application to be completed
- Specified period
- What may not be patented
- Maintenance fees
- Filing date
- Deemed date of receipt of fees
- Claim date
- Claims based on previously regularly filed applications
- Subject-matter of claim must not be previously disclosed
- Withdrawal of application
- Invention must not be obvious
- Request for priority
- Requirements governing request
- Withdrawal of request
- Multiple previously regularly filed applications
- Withdrawal, etc., of previously regularly filed applications
- Non-resident applicants
- Nominee deemed representative
- New representatives
- Where no new appointment is made or no new address supplied
- When fee payable
- JOINT APPLICATIONS
- IMPROVEMENTS
- FILING OF PRIOR ART
- EXAMINATION
- DIVISIONAL APPLICATIONS
- DRAWINGS, MODELS AND BIOLOGICAL MATERIALS
- AMENDMENTS TO SPECIFICATIONS AND DRAWINGS
- REFUSAL OF PATENTS
- GRANT OF PATENTS
- FORM AND TERM OF PATENTS
- REISSUE OF PATENTS
- DISCLAIMERS
- RE-EXAMINATION
- Request for re-examination
- Pertinency of request
- Notice to patentee
- Establishment of re-examination board
- Determination to be made by board
- Notice
- Idem
- Filing of reply
- Re-examination proceeding
- Patentee may submit amendments
- Time limitation
- Certificate of board
- Certificate attached to patent
- Effect of certificate
- Appeals
- Appeals
- Limitation
- ASSIGNMENTS AND DEVOLUTIONS
- LEGAL PROCEEDINGS IN RESPECT OF PATENTS
- INFRINGEMENT
- Jurisdiction of courts
- Jurisdiction of Federal Court
- Liability for patent infringement
- Liability damage before patent is granted
- Patentee to be a party
- Deemed action for infringement
- Limitation
- Burden of proof for patented process
- Exception
- Regulations
- Inconsistency or conflict
- For greater certainty
- Patent not to affect previous purchaser
- Non-application
- Special case
- Idem
- Injunction may issue
- Appeal
- Invalid claims not to affect valid claims
- Defence
- IMPEACHMENT
- JUDGMENTS
- CONDITIONS
- 64.
- Abuse of rights under patents
- What amounts to abuse
- Definition of “patented article”
- Powers of Commissioner in cases of abuse
- Proceedings to prevent infringement
- Service on patentee
- Considerations by which Commissioner to be guided
- Contents of applications
- Service
- Opposition and counter statement
- Attendance for cross-examination
- Reference to Federal Court
- Idem
- Licence deemed to be by deed
- Appeal to Federal Court
- ABANDONMENT AND REINSTATEMENT OF APPLICATIONS
- OFFENCES AND PUNISHMENT
- MISCELLANEOUS MATTERS
- TRANSITIONAL PROVISIONS
- Patent applications filed before October 1, 1989
- Patents issued before October 1, 1989
- Patents issued on or after October 1, 1989 on the basis of previously filed applications
- Application
- Previous version of section 43 applies
- Exception
- Patent applications filed on or after October 1, 1989
- Patents issued on or after October 1, 1989
- Payment of prescribed fees
- Information to be provided
- No refund
- Action and proceedings barred
- Application
- PATENTED MEDICINES
- Interpretation
- Pricing Information
- Excessive Prices
- Order re excessive prices
- Idem
- Idem
- Where policy to sell at excessive price
- Excess revenues
- Right to hearing
- Limitation period
- Compliance
- Idem
- Debt due to Her Majesty
- Factors to be considered
- Additional factors
- Research costs
- Hearings to be public
- Notice of hearing to certain persons
- Information, etc., privileged
- Disclosure, etc.
- Sales and Expense Information
- Inquiries
- Patented Medicine Prices Review Board
- Establishment
- Tenure
- Reappointment
- Acting after expiration of appointment
- Remuneration and expenses
- Advisory panel
- Consultation
- Chairperson and Vice-chairperson
- Duties of Chairperson
- Duties of Vice-chairperson
- Staff
- Idem
- Technical assistance
- Principal office
- Meetings
- General powers, etc.
- Rules
- By-laws
- Guidelines
- Consultation
- Proceedings
- Differences of opinion among members
- Orders
- Interim orders, etc.
- Rescission and variation
- Certificates
- Enforcement of orders
- Procedure
- Effect of variation or rescission
- Option to enforce
- Report of Board
- Idem
- Report summary
- Tabling of report
- Regulations
- Meetings with Minister
- Agreements with Provinces
- SCHEDULE 1
- SCHEDULE 2
- RELATED PROVISIONS
Patent Act (R.S., 1985, c. P-4)
Act current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
Patent Act
P-4
An Act respecting patents of invention
SHORT TITLE
Short title
1. This Act may be cited as the Patent Act.
R.S., c. P-4, s. 1.
INTERPRETATION
Definitions
2. In this Act, except as otherwise provided,
“applicant” « demandeur »
“applicant” includes an inventor and the legal representatives of an applicant or inventor;
“claim date” « Version anglaise seulement »
“claim date” means the date of a claim in an application for a patent in Canada, as determined in accordance with section 28.1;
“Commissioner” « commissaire »
“Commissioner” means the Commissioner of Patents;
“country” « pays »
“country” includes a Member of the World Trade Organization, as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act;
“filing date” « date de dépôt »
“filing date” means, in relation to an application for a patent in Canada, the date on which the application is filed, as determined in accordance with section 28;
“invention” « invention »
“invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter;
“legal representatives” « représentants légaux »
“legal representatives” includes heirs, executors, administrators, guardians, curators, tutors, assigns and all other persons claiming through or under applicants for patents and patentees of inventions;
“Minister” « ministre »
“Minister” means the Minister of Industry or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;
“patent” « brevet »
“patent” means letters patent for an invention;
“patentee” « breveté » ou « titulaire d’un brevet »
“patentee” means the person for the time being entitled to the benefit of a patent;
“predecessor in title” « prédécesseur en droit »
“predecessor in title” includes any person through whom an applicant for a patent in Canada claims the right to the patent;
“prescribed” « réglementaire »
“prescribed” means prescribed by rules or regulations of the Governor in Council and, in the case of a fee, includes a fee determined in the manner prescribed;
“prescribed fee” [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 1]
“priority date” [Repealed, 1993, c. 15, s. 26]
“regulation” and “rule” « règlement » et « règle »
“regulation” and “rule” include rule, regulation and form;
“request for priority” « demande de priorité »
“request for priority” means a request under section 28.4.
“work on a commercial scale” [Repealed, 1993, c. 44, s. 189]
R.S., 1985, c. P-4, s. 2; R.S., 1985, c. 33 (3rd Supp.), s. 1; 1992, c. 1, s. 145(F); 1993, c. 2, s. 2, c. 15, s. 26, c. 44, s. 189; 1994, c. 47, s. 141; 1995, c. 1, s. 62.
HER MAJESTY
Binding on Her Majesty
2.1 This Act is binding on Her Majesty in right of Canada or a province.
1993, c. 44, s. 190.
PATENT OFFICE AND OFFICERS
Patent Office
3. 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 Governor in Council, an office called the Patent Office.
R.S., 1985, c. P-4, s. 3; 1992, c. 1, s. 145(F); 1995, c. 1, s. 63.
Commissioner of Patents
4. (1) The Governor in Council may appoint a Commissioner of Patents who shall, under the direction of the Minister, exercise the powers and perform the duties conferred and imposed on that officer by or pursuant to this Act.
Duties of Commissioner
(2) The Commissioner shall receive all applications, fees, papers, documents and models for patents, shall perform and do all acts and things requisite for the granting and issuing of patents of invention, shall have the charge and custody of the books, records, papers, models, machines and other things belonging to the Patent Office and shall have, for the purposes of this Act, all the powers that are or may be given by the Inquiries Act to a commissioner appointed under Part II of that Act.
Tenure of office and salary
(3) The Commissioner holds office during pleasure and shall be paid such annual salary as may be determined by the Governor in Council.
Delegation
(4) The Commissioner may, after consultation with the Minister, delegate to any person he deems qualified any of his powers, duties and functions under this Act, except the power to delegate under this subsection.
Appeal
(5) Any decision under this Act of a person authorized to make the decision pursuant to subsection (4) may be appealed in the like manner and subject to the like conditions as a decision of the Commissioner under this Act.
R.S., c. P-4, s. 4; 1984, c. 40, s. 57.
Assistant Commissioner
5. (1) An Assistant Commissioner of Patents may be appointed in the manner authorized by law and shall be a technical officer experienced in the administration of the Patent Office.
Absence or inability to act
(2) When the Commissioner is absent or unable to act, the Assistant Commissioner, or, if he also is at the same time absent or unable to act, another officer designated by the Minister, may exercise the powers and shall perform the duties of the Commissioner.
R.S., c. P-4, s. 5.