GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Act — P-4 76.3
Regulations 76.3 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
Patent Act — P-4 78
Time period extended 78 (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. 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
Patent Act — P-4 78.1
Definition of coming-into-force date 78.1 (1) 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 Action Plan 2014 Act, No. 2 comes into force. Definition of filing date (2) In sections 78.21, 78.22, 78.4, 78.5, 78.53 and 78.54, filing date means the date on which an application for a patent in Canada is filed, as determined in accordance with section 78.2. 1993, c. 15, s. 55; 2001, c. 10, s. 3 2014, c. 39, s. 139
Patent Act — P-4 78.21
Applications — no filing date 78.21 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 shall be deemed never to have been filed. 2014, c. 39, s. 139
Patent Act — P-4 78.22
Applications — filing date before October 1, 1989 78.22 An application for a patent whose filing date is before October 1, 1989 shall be dealt with and disposed of in accordance with (a) the provisions of this Act as they read immediately before October 1, 1989, other than the definition legal representatives in section 2, subsections 4(2), 5(2) and 7(1), sections 8, 15 and 29, paragraph 31(2)(a) and sections 49 to 51 and 78; and (b) the definition legal representatives in section 2, subsections 4(2), 5(2) and 7(1), section 8.1, paragraph 31(2)(a) and sections 38.1, 49, 78 and 78.2. 2014, c. 39, s. 139 2015, c. 36, s. 64 2018, c. 27, s. 260
Patent Act — P-4 78.3
Previous version of section 43 applies 78.3 (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. 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
Patent Act — P-4 78.4
Applications — filing date October 1, 1989 to before October 1, 1996 78.4 Subject to sections 78.51 and 78.52, an application for a patent whose filing date is on or after October 1, 1989 but before October 1, 1996 shall be dealt with and disposed of in accordance with (a) the provisions of this Act, other than the definition filing date in section 2, subsection 27(7), sections 27.01, 28 and 28.01 and subsection 28.4(6); and (b) subsection 27(2) as it read immediately before October 1, 1996. 1993, c. 15, s. 55; 2001, c. 10, s. 4 2014, c. 39, s. 140
Patent Act — P-4 78.5
Applications — filing date October 1, 1996 to before coming-into-force date 78.5 Subject to sections 78.51 and 78.52, an application for a patent whose filing date is on or after October 1, 1996 but before the coming-into-force date shall be dealt with and disposed of in accordance with the provisions of this Act, other than the definition filing date in section 2, subsection 27(7), sections 27.01, 28 and 28.01 and subsection 28.4(6). 1993, c. 15, s. 55; 2001, c. 10, s. 4 2014, c. 39, s. 140
Patent Act — P-4 78.51
Abandonment before coming-into-force date 78.51 If an application for a patent was deemed to be abandoned under section 73 as it read immediately before the coming-into-force date, that section 73 applies in respect of that abandonment. 2014, c. 39, s. 140
Patent Act — P-4 78.52
Abandonment — requisition or notice before coming-into-force date 78.52 (1) If, on or after the coming-into-force date, an applicant fails to do any act described in paragraph 73(1)(a), (b), (e) or (f), as those paragraphs read immediately before that date, in respect of a requisition made or notice given, as the case may be, before that date, section 73 as it read immediately before that date applies in respect of any abandonment resulting from the failure. Abandonment — section 97 of the Patent Rules (2) If, on or after the coming-into-force date, an applicant fails to do any act described in section 97 of the Patent Rules , as that section read immediately before that date, in respect of a requisition of the Commissioner that was given before that date, section 73 as it read immediately before that date applies in respect of any abandonment resulting from the failure. 2014, c. 39, s. 140
Patent Act — P-4 78.53
Patents — filing date before October 1, 1989 78.53 (1) Subject to subsection 78.55(2), any matter arising on or after the coming-into-force date, in respect of a patent granted on the basis of an application whose filing date is before October 1, 1989, shall be dealt with and disposed of in accordance with (a) the provisions of this Act, other than the definitions claim date , filing date and request for priority in section 2, sections 10, 27 to 28.4, 34.1 to 36, 38.2 and 55, paragraphs 55.11(1)(a) and (b) and section 56; and (b) sections 10 and 55 and subsections 61(1) and (3), as they read immediately before October 1, 1989. Special case (2) 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. 2014, c. 39, s. 140 2018, c. 27, s. 208
Patent Act — P-4 78.54
Patents — filing date October 1, 1989 to before coming-into-force date 78.54 Subject to subsection 78.55(1) and section 78.56, any matter arising on or after the coming-into-force date in respect of a patent granted on the basis of an application whose filing date is on or after October 1, 1989 but before the coming-into-force date shall be dealt with and disposed of in accordance with the provisions of this Act, other than the definition filing date in section 2 and section 28. 2014, c. 39, s. 140
Patent Act — P-4 78.55
Application of section 46 — item 31 of Schedule II to Patent Rules 78.55 (1) If the time, not including a period of grace, set out in item 31 of Schedule II to the Patent Rules to pay the applicable fee to maintain the rights accorded by a patent in effect ends before the coming-into-force date, section 46 as it read immediately before the coming-into-force date applies in respect of that fee. Application of section 46 — item 32 of Schedule II to Patent Rules (2) If the time, not including a period of grace, set out in item 32 of Schedule II to the Patent Rules to pay the applicable fee to maintain the rights accorded by a patent in effect ends before the coming-into-force date, section 46 as it read immediately before the coming-into-force date applies in respect of that fee. 2014, c. 39, s. 140
Patent Act — P-4 78.56
Non-application of subsection 27.1(4) and section 73.1 78.56 Subsection 27.1(4) and section 73.1 do not apply to a patent that was granted before the coming-into-force date or to a reissued patent if the original patent was granted before that date. 2014, c. 39, s. 140
Patent Act — P-4 78.57
Reissued patents 78.57 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 application. 2014, c. 39, s. 140
Patent Act — P-4 78.58
Regulations 78.58 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 regulation provides otherwise. 2014, c. 39, s. 140
Patent Act — P-4 78.6
Payment of prescribed fees 78.6 (1) If, before the day on which this section comes into force, a person has paid a prescribed fee applicable to a small entity, within the meaning of the Patent Rules as they read at the time of payment, but should have paid the prescribed fee applicable to an entity other than a small entity and a payment equivalent to the difference between the two amounts is submitted to the Commissioner in accordance with subsection (2) either before or no later than twelve months after that day, the payment is deemed to have been paid on the day on which the prescribed fee was paid, regardless of whether an action or other proceeding relating to the patent or patent application in respect of which the fee was payable has been commenced or decided. Information to be provided (2) Any person who submits a payment to the Commissioner in accordance with subsection (1) is required to provide information with respect to the service or proceeding in respect of which the fee was paid and the patent or application in respect of which the fee was paid. No refund (3) A payment submitted in accordance with subsection (1) shall not be refunded. Action and proceedings barred (4) No action or proceeding for any compensation or damages lies against Her Majesty in right of Canada in respect of any direct or indirect consequence resulting from the application of this section. Application (5) For greater certainty, this section also applies to applications for patents mentioned in section 78.22. 2005, c. 18, s. 2 2014, c. 39, s. 141
Patent Act — P-4 79
Definitions 79 (1) In this section and in sections 80 to 103, Board means the Patented Medicine Prices Review Board continued by section 91; ( Conseil ) Consumer Price Index means the Consumer Price Index published by Statistics Canada under the authority of the Statistics Act ; ( indice des prix à la consommation ) medicine includes a drug , as defined in section 104, and a medicinal ingredient; ( médicament ) Minister means the Minister of Health 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 section and sections 80 to 103; ( ministre ) patentee , in respect of an invention pertaining to a medicine, means the person for the time being entitled to the benefit of the patent for that invention and includes, where any other person is entitled to exercise any rights in relation to that patent other than under a licence continued by subsection 11(1) of the Patent Act Amendment Act, 1992 , that other person in respect of those rights; ( breveté ou titulaire d’un brevet ) regulations means regulations made under section 101; ( règlement ) rights holder means, in respect of an invention pertaining to a medicine, a patentee and the person for the time being entitled to the benefit of a certificate of supplementary protection for that invention, and includes, if any other person is entitled to exercise rights in relation to the certificate, that other person in respect of those rights. ( titulaire de droits ) Invention pertaining to a medicine (2) For the purposes of subsection (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 preparation or production of medicine. 1993, c. 2, s. 7; 1996, c. 8, s. 32 2017, c. 6, s. 46
Patent Act — P-4
Board means the Patented Medicine Prices Review Board continued by section 91; ( Conseil )
Patent Act — P-4
Consumer Price Index means the Consumer Price Index published by Statistics Canada under the authority of the Statistics Act ; ( indice des prix à la consommation )
Patent Act — P-4
medicine includes a drug , as defined in section 104, and a medicinal ingredient; ( médicament )
Patent Act — P-4
Minister means the Minister of Health 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 section and sections 80 to 103; ( ministre )
Patent Act — P-4
patentee , in respect of an invention pertaining to a medicine, means the person for the time being entitled to the benefit of the patent for that invention and includes, where any other person is entitled to exercise any rights in relation to that patent other than under a licence continued by subsection 11(1) of the Patent Act Amendment Act, 1992 , that other person in respect of those rights; ( breveté ou titulaire d’un brevet )
Patent Act — P-4
regulations means regulations made under section 101; ( règlement )
Patent Act — P-4
rights holder means, in respect of an invention pertaining to a medicine, a patentee and the person for the time being entitled to the benefit of a certificate of supplementary protection for that invention, and includes, if any other person is entitled to exercise rights in relation to the certificate, that other person in respect of those rights. ( titulaire de droits )
Patent Act — P-4 80
Pricing information, etc., required by regulations 80 (1) A rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the regulations, provide the Board with the information and documents that the regulations may specify respecting (a) the identity of the medicine; (b) the price at which the medicine is being or has been sold in any market in Canada and elsewhere; (c) the costs of making and marketing the medicine, if that information is available to the rights holder in Canada or is within the knowledge or control of the rights holder; (d) the factors referred to in section 85; and (e) any other related matters. Former rights holder (2) Subject to subsection (3), a person who is a former rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the regulations, provide the Board with the information and documents that the regulations may specify respecting (a) the identity of the medicine; (b) the price at which the medicine was sold in any market in Canada and elsewhere during the period in which the person was a rights holder for the invention; (c) the costs of making and marketing the medicine produced during that period, whether incurred before or after the patent was issued or the certificate of supplementary protection took effect, if that information is available to the person in Canada or is within the knowledge or control of the person; (d) the factors referred to in section 85; and (e) any other related matters. Limitation (3) Subsection (2) does not apply to a person who has not, for a period of three or more years, been entitled to the benefit of the patent or certificate of supplementary protection, as the case may be, or to exercise any rights in relation to the patent or certificate. 1993, c. 2, s. 7 2017, c. 6, s. 47
Patent Act — P-4 81
Pricing information, etc. required by Board 81 (1) The Board may, by order, require a rights holder or former rights holder for an invention pertaining to a medicine to provide the Board with information and documents respecting (a) in the case of a rights holder, any of the matters referred to in paragraphs 80(1)(a) to (e); (b) in the case of a former rights holder, any of the matters referred to in paragraphs 80(2)(a) to (e); and (c) any other related matters that the Board may require. Compliance with order (2) A rights holder or former rights holder in respect of whom an order is made under subsection (1) shall comply with the order within the time that is specified in the order or as the Board may allow. Limitation (3) No order may be made under subsection (1) in respect of a former rights holder who, more than three years before the day on which the order is proposed to be made, ceased to be entitled to the benefit of the patent or certificate of supplementary protection, as the case may be, or to exercise any rights in relation to the patent or certificate. 1993, c. 2, s. 7 2017, c. 6, s. 48
Patent Act — P-4 82
Notice of introductory price 82 (1) 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 not previously been sold shall, as soon as practicable after determining the date on which the medicine will be first offered for sale in that market, notify the Board of its intention and of that date. Pricing information and documents (2) If the Board receives a notice under subsection (1) from a rights holder or otherwise has reason to believe that a rights holder for an invention pertaining to a medicine intends to sell the medicine in a market in Canada in which the medicine has not previously been sold, the Board may, by order, require the rights holder to provide the Board with information and documents respecting the price at which the medicine is intended to be sold in that market. Compliance with order (3) Subject to subsection (4), a rights holder in respect of whom an order is made under subsection (2) shall comply with the order within the time that is specified in the order or as the Board may allow. Limitation (4) No rights holder shall be required to comply with an order made under subsection (2) prior to the 60th day preceding the date on which the rights holder intends to first offer the medicine for sale in the relevant market. 1993, c. 2, s. 7 2017, c. 6, s. 49
Patent Act — P-4 83
rights holder or former rights holder with a reasonable opportunity to be heard. Limitation period (7) No order may be made under this section in respect of a former rights holder who, more than three years before the day on which the proceedings in the matter commenced, ceased to be entitled to the benefit of the patent or certificate of supplementary protection, as the case may be, or to exercise any rights in relation to the patent or certificate. 1993, c. 2, s. 7; 1994, c. 26, s. 54(F) 2017, c. 6, s. 50
Patent Act — P-4 84
Compliance 84 (1) 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 compliance with the order within one month after the date of the order or within a greater period after that date that the Board determines is practical and reasonable, having regard to the circumstances of the rights holder or former rights holder. Compliance (2) A rights holder or former rights holder who is directed by any order made under section 83 to pay an amount to Her Majesty shall pay that amount within one month after the date of the order or within a greater period after that date that the Board determines is practical and reasonable, having regard to the circumstances of the rights holder or former rights holder. Debt due to Her Majesty (3) An amount payable by a rights holder or former rights holder to Her Majesty under any order made under section 83 constitutes a debt due to Her Majesty and may be recovered in any court of competent jurisdiction. 1993, c. 2, s. 7 2017, c. 6, s. 51
Patent Act — P-4 85
Factors to be considered 85 (1) 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 shall take into consideration the following factors, to the extent that information on the factors is available to the Board: (a) the prices at which the medicine has been sold in the relevant market; (b) the prices at which other medicines in the same therapeutic class have been sold in the relevant market; (c) the prices at which the medicine and other medicines in the same therapeutic class have been sold in countries other than Canada; (d) changes in the Consumer Price Index; and (e) such other factors as may be specified in any regulations made for the purposes of this subsection. Additional factors (2) Where, after taking into consideration the factors referred to in subsection (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, the Board may take into consideration the following factors: (a) the costs of making and marketing the medicine; and (b) such other factors as may be specified in any regulations made for the purposes of this subsection or as are, in the opinion of the Board, relevant in the circumstances. Research costs (3) In determining under section 83 whether a medicine is being or has been sold in any market in Canada at an excessive price, the Board shall not take into consideration research costs other than the Canadian portion of the world costs related to the research that led to the invention pertaining to that medicine or to the development and commercialization of that invention, calculated in proportion to the ratio of sales by the rights holder in Canada of that medicine to total world sales. 1993, c. 2, s. 7 2017, c. 6, s. 52
Patent Act — P-4 86
Hearings to be public 86 (1) A hearing under section 83 shall be held in public unless the Board is satisfied on representations made by the person to whom the hearing relates that specific, direct and substantial harm would be caused to the person by the disclosure of information or documents at a public hearing, in which case the hearing or any part thereof may, at the discretion of the Board, be held in private. Notice of hearing to certain persons (2) The Board shall give notice to the Minister of Industry or such other Minister as may be designated by the regulations and to provincial ministers of the Crown responsible for health of any hearing under section 83, and each of them is entitled to appear and make representations to the Board with respect to the matter being heard. 1993, c. 2, s. 7; 1995, c. 1, s. 62