GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Act — P-4 46.1
Grant of additional term 46.1 (1) The Commissioner shall grant an additional term for a patent if (a) the patent was issued after the later of (i) the fifth anniversary of the applicable day set out in subsection (2), and (ii) the third anniversary of the first day, without taking subsection 35(4) into account, on which a request for examination has been made under section 35 in respect of the application for the patent, the prescribed fee referred to in subsection 35(1) has been paid and, if applicable, the prescribed late fee referred to in paragraph 35(3)(a) has been paid; (b) the filing date for the application for the patent is on or after December 1, 2020; and (c) the patentee applies for the additional term in accordance with the regulations, and pays the prescribed fee, within three months after the day on which the patent is issued. Applicable day (2) For the purposes of subparagraph (1)(a)(i), the applicable day is (a) in the case of a patent issued on the basis of a divisional application, the prescribed day; (b) in the case of a patent issued on the basis of a PCT national phase application , as defined in subsection 1(1) of the Patent Rules , the prescribed day; or (c) in any other case, the filing date of the application for the patent. Beginning of additional term (3) The additional term begins on the expiry of the term referred to in section 44, without taking into account section 46, but only if the patent remains valid until, and is not void before, the expiry of that term. Duration of additional term (4) The Commissioner shall determine the duration of the additional term, which shall be equal to the number of days between the later of the anniversaries set out in paragraph (1)(a) and the day on which the patent is issued minus the number of days that is determined under the regulations. Limitation (5) Despite subsection (1), no additional term shall be granted under this section if the determination of the duration under subsection (4) produces a result of zero or a negative value. Limitation — section 46.2 (6) The additional term is subject to section 46.2. Certificate (7) The Commissioner shall issue a certificate of additional term setting out the number of the patent as recorded in the Patent Office, the duration of the additional term and any other prescribed information and shall send the certificate to the patentee. Reissued patent (8) For the purposes of this section and sections 46.3 and 46.4, if a patent is reissued under section 47, the patent is deemed to have been issued on the day on which the original patent was issued and the application for the patent is deemed to be the application for the original patent. 2023, c. 26, s. 493
Patent Act — P-4 46.2
Maintenance fees 46.2 (1) 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 on or before the prescribed dates. Late fee and notice (2) If a prescribed fee is not paid on or before the applicable prescribed date, (a) the prescribed late fee shall be paid, in addition to the prescribed fee; and (b) the Commissioner shall send a notice to the patentee stating that the additional term will be deemed to have expired if the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice. Prescribed fee deemed paid on prescribed date (3) If the prescribed fee and late fee are paid before a notice is sent or, if a notice is sent, the prescribed fee and late fee are paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the prescribed fee shall be deemed to have been paid on the applicable prescribed date. Additional term deemed expired on prescribed date (4) If the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the additional term shall be deemed to have expired on the applicable prescribed date. Subsection (4) deemed never to have produced its effects (5) Subject to the regulations, if the additional term is deemed to have expired under subsection (4), that subsection is deemed never to have produced its effects if (a) the patentee, within the prescribed time, (i) makes a request to the Commissioner for the additional term to never have been deemed to have expired, (ii) states, in the request, the reasons for the failure to pay the prescribed fee and late fee before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, and (iii) pays the prescribed fee, the late fee and any additional prescribed fee; and (b) the Commissioner determines that the failure occurred in spite of the due care required by the circumstances having been taken and informs the patentee of this determination. Powers of the Federal Court (6) If subsection (5) applies, the Federal Court may, by order, declare the additional term to have expired on the applicable prescribed date if the Federal Court determines either (a) that the statement of the reasons referred to in subparagraph (5)(a)(ii) contains a material allegation that is untrue; or (b) that, if paragraph (5)(b) applies, the failure referred to in subparagraph (5)(a)(ii) did not occur in spite of the due care required by the circumstances having been taken. 2023, c. 26, s. 493
Patent Act — P-4 46.3
Reconsideration of duration 46.3 (1) The Commissioner may reconsider the duration of an additional term granted under section 46.1 on the Commissioner’s own initiative or on application by any person. Application (2) An application for reconsideration shall be made in accordance with the regulations and accompanied by payment of the prescribed fee. Notice to patentee (3) Notice of a reconsideration shall be given to the patentee in accordance with the regulations. Shortening of duration (4) On reconsideration, the Commissioner shall shorten the duration of the additional term in accordance with subsection 46.1(4) if the Commissioner is satisfied that the duration is longer than is authorized under that subsection, and shall dismiss the reconsideration in any other case. Amended certificate (5) If the Commissioner shortens the duration of the additional term, the Commissioner shall issue an amended certificate of additional term and send it to the patentee. Stay (6) The Commissioner may stay a reconsideration under this section pending the conclusion of any court proceeding. 2023, c. 26, s. 493
Patent Act — P-4 46.4
Federal Court 46.4 (1) 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 46.1. Power to shorten duration (2) If the Court finds that the duration is longer than is authorized under subsection 46.1(4), the Court shall, by order, shorten the duration in accordance with that subsection, and in doing so may exercise any power, or perform any duty or function, of the Commissioner. Copy to Commissioner and amended certificate (3) If the Court shortens the duration, an officer of the Court’s registry shall send a certified copy of the Court’s order to the Commissioner, and the Commissioner shall issue an amended certificate of additional term and send it to the patentee. 2023, c. 26, s. 493
Patent Act — P-4 47
Issue of new or amended patents 47 (1) Whenever any patent is deemed defective or inoperative by reason of insufficient description and specification, or by reason of the patentee’s claiming more or less than they had a right to claim as new, but at the same time it appears that the error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, the Commissioner may, on the surrender of the patent within four years from its date and the payment of a further prescribed fee, cause a new patent, in accordance with an amended description and specification made by the patentee, to be issued to them for the same invention for the then unexpired term referred to in section 44 or 45 — and, if applicable, for the then unexpired additional term granted under section 46.1 — of the original patent. Certificate of supplementary protection (1.1) Subsection (1) also applies in the case where the original patent is set out in a certificate of supplementary protection and the original patent’s term referred to in section 44 or 45 has expired — or, if applicable, both that term and the additional term granted under section 46.1 have expired — except that in that case the issuance of the new patent, whose term or terms remain expired, is for the purpose of establishing the rights, privileges and liberties granted under the certificate. Effect of new patent (2) The surrender referred to in subsection (1) takes effect only on the issue of the new patent, and the new patent and the amended description and specification have the same effect in law, on the trial of any action thereafter commenced for any cause subsequently accruing, as if the amended description and specification had been originally filed in their corrected form before the issue of the original patent, but, in so far as the claims of the original and reissued patents are identical, the surrender does not affect any action pending at the time of reissue or abate any cause of action then existing, and the reissued patent to the extent that its claims are identical with the original patent constitutes a continuation thereof and has effect continuously from the date of the original patent. Separate patents for separate parts (3) The Commissioner may entertain separate applications and cause patents to be issued for distinct and separate parts of the invention patented, on payment of the fee for a reissue for each of the reissued patents. R.S., 1985, c. P-4, s. 47; 2017, c. 6, s. 37 2023, c. 26, s. 494
Patent Act — P-4 48
Patentee may disclaim anything included in patent by mistake 48 (1) Whenever, by any mistake, accident or inadvertence, and without any wilful intent to defraud or mislead the public, a patentee has (a) made a specification too broad, claiming more than that of which the patentee or the person through whom the patentee claims was the inventor, or (b) in the specification, claimed that the patentee or the person through whom the patentee claims was the inventor of any material or substantial part of the invention patented of which the patentee was not the inventor, and to which the patentee had no lawful right, the patentee may, on payment of a prescribed fee, make a disclaimer of the parts that the patentee does not claim to hold by virtue of the patent or a transfer of the patent. Form and attestation of disclaimer (2) A disclaimer shall be filed in the prescribed form and manner. (3) [Repealed, 1993, c. 15, s. 44] Pending suits not affected (4) No disclaimer affects any action pending at the time when it is made, unless there is unreasonable neglect or delay in making it. (5) [Repealed, 2014, c. 39, s. 133] Effect of disclaimer (6) A patent shall, after disclaimer as provided in this section, be deemed to be valid for such material and substantial part of the invention, definitely distinguished from other parts thereof claimed without right, as is not disclaimed and is truly the invention of the disclaimant, and the disclaimant is entitled to maintain an action or suit in respect of that part accordingly. R.S., 1985, c. P-4, s. 48; R.S., 1985, c. 33 (3rd Supp.), s. 17; 1993, c. 15, s. 44 2014, c. 39, s. 133
Patent Act — P-4 48.1
Request for re-examination 48.1 (1) Any person may request a re-examination of any claim of a patent by filing with the Commissioner prior art, consisting of patents, applications for patents open to public inspection and printed publications, and by paying a prescribed fee. Pertinency of request (2) A request for re-examination under subsection (1) shall set forth the pertinency of the prior art and the manner of applying the prior art to the claim for which re-examination is requested. Notice to patentee (3) Forthwith after receipt of a request for re-examination under subsection (1), the Commissioner shall send a copy of the request to the patentee of the patent in respect of which the request is made, unless the patentee is the person who made the request. R.S., 1985, c. 33 (3rd Supp.), s. 18; 1993, c. 15, s. 45
Patent Act — P-4 48.2
Establishment of re-examination board 48.2 (1) Forthwith after receipt of a request for re-examination under subsection 48.1(1), the Commissioner shall establish a re-examination board consisting of not fewer than three persons, at least two of whom shall be employees of the Patent Office, to which the request shall be referred for determination. Determination to be made by board (2) A re-examination board shall, within three months following its establishment, determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request for re-examination. Notice (3) Where a re-examination board has determined that a request for re-examination does not raise a substantial new question affecting the patentability of a claim of the patent concerned, the board shall so notify the person who filed the request and the decision of the board is final for all purposes and is not subject to appeal or to review by any court. Idem (4) Where a re-examination board has determined that a request for re-examination raises a substantial new question affecting the patentability of a claim of the patent concerned, the board shall notify the patentee of the determination and the reasons therefor. Filing of reply (5) A patentee who receives notice under subsection (4) may, within three months of the date of the notice, submit to the re-examination board a reply to the notice setting out submissions on the question of the patentability of the claim of the patent in respect of which the notice was given. R.S., 1985, c. 33 (3rd Supp.), s. 18; 1993, c. 15, s. 46(F)
Patent Act — P-4 48.3
Re-examination proceeding 48.3 (1) 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 subsection 48.2(4), a re-examination board shall forthwith cause a re-examination to be made of the claim of the patent in respect of which the request for re-examination was submitted. Patentee may submit amendments (2) In any re-examination proceeding under subsection (1), the patentee may propose any amendment to the patent or any new claims in relation thereto but no proposed amendment or new claim enlarging the scope of a claim of the patent shall be permitted. Time limitation (3) A re-examination proceeding in respect of a claim of a patent shall be completed within twelve months of the commencement of the proceedings under subsection (1). R.S., 1985, c. 33 (3rd Supp.), s. 18
Patent Act — P-4 48.4
Certificate of board 48.4 (1) On conclusion of a re-examination proceeding in respect of a claim of a patent, the re-examination board shall issue a certificate (a) cancelling any claim of the patent determined to be unpatentable; (b) confirming any claim of the patent determined to be patentable; or (c) incorporating in the patent any proposed amended or new claim determined to be patentable. Certificate attached to patent (2) A certificate issued in respect of a patent under subsection (1) shall be attached to the patent and made part thereof by reference, and a copy of the certificate shall be sent by registered mail to the patentee. Effect of certificate (3) For the purposes of this Act, where a certificate issued in respect of a patent under subsection (1) (a) cancels any claim but not all claims of the patent, the patent shall be deemed to have been issued, from the date of grant, in the corrected form; (b) cancels all claims of the patent, the patent shall be deemed never to have been issued; or (c) amends any claim of the patent or incorporates a new claim in the patent, the amended claim or new claim shall be effective, from the date of the certificate, for the unexpired term — and, if applicable, for the unexpired additional term — of the patent. Appeals (4) Subsection (3) does not apply until the time for taking an appeal has expired under subsection 48.5(2) and, if an appeal is taken, subsection (3) applies only to the extent provided in the final judgment on the appeal. R.S., 1985, c. 33 (3rd Supp.), s. 18; 1993, c. 15, s. 47 2023, c. 26, s. 495
Patent Act — P-4 48.5
Appeals 48.5 (1) 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 Court. Limitation (2) No appeal may be taken under subsection (1) after three months from the date a copy of the certificate is sent by registered mail to the patentee. R.S., 1985, c. 33 (3rd Supp.), s. 18
Patent Act — P-4 49
Patent, application and right or interest in invention 49 (1) A patent, an application for a patent, and the right or interest in an invention are transferable, in whole or in part. Recording of transfer of application (2) The Commissioner shall, subject to the regulations, record the transfer of an application for a patent on the request of the applicant or, upon receipt of evidence satisfactory to the Commissioner of the transfer, on the request of a transferee of the application. Recording of transfer of patent (3) The Commissioner shall, subject to the regulations, record the transfer of a patent on the request of the patentee or, upon receipt of evidence satisfactory to the Commissioner of the transfer, on the request of a transferee of the patent. Transfer void (4) A transfer of a patent that has not been recorded is void against a subsequent transferee if the transfer to the subsequent transferee has been recorded. Removal of recording (5) The Commissioner shall remove the recording of the transfer of an application for a patent or the transfer of a patent on receipt of evidence satisfactory to the Commissioner that the transfer should not have been recorded. Limitation (6) The Commissioner is not authorized to remove the recording of a transfer of a patent for the reason only that the transferor had previously transferred the patent to another person. R.S., 1985, c. P-4, s. 49; R.S., 1985, c. 33 (3rd Supp.), s. 19 2014, c. 39, s. 134
Patent Act — P-4 52
Jurisdiction of Federal Court 52 The Federal Court has jurisdiction, on the application of the Commissioner or of any person interested, to order that any entry in the records of the Patent Office relating to the title to a patent be varied or expunged. R.S., c. P-4, s. 54; R.S., c. 10(2nd Supp.), s. 64
Patent Act — P-4 52.1
Subsequent patentee or holder bound 52.1 (1) A licensing commitment in respect of a standard-essential patent that binds the patentee, binds any subsequent patentee and any holder of any certificate of supplementary protection that sets out that patent. Subsequent holder bound (2) If a certificate of supplementary protection sets out a standard-essential patent, a licensing commitment that binds the holder of that certificate of supplementary protection, binds any subsequent holder of the certificate of supplementary protection. Application (3) Subsections (1) and (2) apply despite any other Act of Parliament and any decision or order made under such an Act. 2018, c. 27, s. 190
Patent Act — P-4 52.2
Regulations 52.2 The Governor in Council may make regulations, for the purposes of section 52.1, respecting what constitutes, or does not constitute, a licensing commitment or a standard-essential patent. 2018, c. 27, s. 190
Patent Act — P-4 53
Void in certain cases, or valid only for parts 53 (1) A patent is void if any material allegation in the petition of the applicant in respect of the patent is untrue, or if the specification and drawings contain more or less than is necessary for obtaining the end for which they purport to be made, and the omission or addition is wilfully made for the purpose of misleading. Exception (2) Where it appears to a court that the omission or addition referred to in subsection (1) was an involuntary error and it is proved that the patentee is entitled to the remainder of his patent, the court shall render a judgment in accordance with the facts, and shall determine the costs, and the patent shall be held valid for that part of the invention described to which the patentee is so found to be entitled. (3) [Repealed, 2017, c. 6, s. 38] R.S., 1985, c. P-4, s. 53; 2017, c. 6, s. 38
Patent Act — P-4 53.1
Admissible in evidence 53.1 (1) In any action or proceeding respecting a patent, a written communication, or any part of such a communication, may be admitted into evidence to rebut any representation made by the patentee in the action or proceeding as to the construction of a claim in the patent if (a) it is prepared in respect of (i) the prosecution of the application for the patent, (ii) a disclaimer made in respect of the patent, or (iii) a request for re-examination, or a re-examination proceeding, in respect of the patent; and (b) it is between (i) the applicant for the patent or the patentee; and (ii) the Commissioner, an officer or employee of the Patent Office or a member of a re-examination board. Divisional application (2) For the purposes of this section, the prosecution of a divisional application is deemed to include the prosecution of the original application before that divisional application is filed. Reissued patent (3) For the purposes of this section, a written communication is deemed to be prepared in respect of the prosecution of the application for a reissued patent if it is prepared in respect of (a) the prosecution of the application for the patent that was surrendered and from which the reissued patent results; or (b) the application for reissuance. 2018, c. 27, s. 191 2018, c. 27, s. 211(F)
Patent Act — P-4 54
Jurisdiction of courts 54 (1) 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 said to have occurred, has jurisdiction, pecuniarily, to the amount of the damages claimed and that, with relation to the other courts of the province, holds its sittings nearest to the place of residence or of business of the defendant, and that court shall decide the case and determine the costs, and assumption of jurisdiction by the court is of itself sufficient proof of jurisdiction. Jurisdiction of Federal Court (2) Nothing in this section impairs the jurisdiction of the Federal Court under section 20 of the Federal Courts Act or otherwise. R.S., 1985, c. P-4, s. 54; 2002, c. 8, s. 182
Patent Act — P-4 55
Liability for patent infringement 55 (1) A person who infringes a patent is liable to the patentee and to all persons claiming under the patentee for all damage sustained by the patentee or by any such person, after the grant of the patent, by reason of the infringement. Liability damage before patent is granted (2) A person is liable to pay reasonable compensation to a patentee and to all persons claiming under the patentee for any damage sustained by the patentee or by any of those persons by reason of any act on the part of that person, after the specification contained in the application for the patent became open to public inspection, in English or French, under section 10 and before the grant of the patent, that would have constituted an infringement of the patent if the patent had been granted on the day the specification became open to public inspection, in English or French, under that section. Patentee to be a party (3) Unless otherwise expressly provided, the patentee shall be or be made a party to any proceeding under subsection (1) or (2). Deemed action for infringement (4) For the purposes of this section and sections 54 and 55.01 to 59, any proceeding under subsection (2) is deemed to be an action for the infringement of a patent and the act on which that proceeding is based is deemed to be an act of infringement of the patent. R.S., 1985, c. P-4, s. 55; R.S., 1985, c. 33 (3rd Supp.), s. 21; 1993, c. 15, s. 48 2014, c. 39, s. 135