GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Act — P-4 108
Order of priority — same authorization for sale 108 (1) Subsections (2) to (4) apply in determining the priority of applications for a certificate of supplementary protection that set out the same authorization for sale. Patents granted on or before authorization for sale (2) An application setting out a patent that was granted on or before the day on which the authorization for sale was issued has the same priority as every other such application. Priority over patents granted after authorization for sale (3) An application setting out a patent that was granted on or before the day on which the authorization for sale was issued has priority over an application setting out a patent that is granted after that date. Patents granted after authorization for sale — priority (4) Priority among applications setting out patents that were granted after the day on which the authorization for sale was issued is established according to the date on which the patent was granted, with an earlier date having priority over a later date and patents granted on the same date having the same priority. 2017, c. 6, s. 59
Patent Act — P-4 109
Applications with same authorization for sale and priority 109 If two or more pending applications set out the same authorization for sale and have the same priority, the Minister shall provide each applicant with a written notice setting out the name and contact information of all the applicants, as well as the number, as recorded in the Patent Office, of the patent set out in each application. 2017, c. 6, s. 59
Patent Act — P-4 110
Declaration of non-compliance 110 (1) A pending application for a certificate of supplementary protection may be declared invalid or void by the Federal Court for non-compliance with section 106 at the instance of another applicant whose application for a certificate sets out the same authorization for sale and the same priority. Limitation (2) A proceeding to obtain a declaration under subsection (1) shall be commenced before the end of the prescribed period that begins on the day that is specified by the Minister in the written notice sent under section 109 . Copy to Minister (3) Anyone who commences such a proceeding, or an appeal or application for leave to appeal with respect to such a proceeding, shall provide the Minister with a copy of (a) any document that commences the proceeding, appeal or application, immediately after the document is filed with the court; and (b) any document that marks the end of the proceeding, appeal or application, immediately after the document is issued by or filed with the court. 2017, c. 6, s. 59
Patent Act — P-4 111
Expiry of pending applications 111 (1) If two or more applications that set out the same authorization for sale and have the same priority are still pending at the end of the prescribed period that begins on the day specified in the written notice sent under section 109 , all of those applications expire at that end of that period. However, if any proceedings are brought under section 110 with respect to any of those applications, all of those applications — if two or more are still pending — expire at the end of the prescribed period that begins on the day on which the last of any of the proceedings to be completed is finally disposed of. Expiry of application with lower priority (2) A pending application that sets out the same authorization for sale as another application of higher priority expires on the day on which the Minister issues a certificate of supplementary protection in respect of that other application. 2017, c. 6, s. 59
Patent Act — P-4 112
Withdrawal 112 An applicant for a certificate of supplementary protection may withdraw their application in accordance with the regulations. 2017, c. 6, s. 59
Patent Act — P-4 113
Issue of certificate 113 The Minister shall issue, to the patentee, a certificate of supplementary protection for the patented invention set out in the patentee’s application if, on the day of issuance, (a) the Minister is satisfied that all requirements set out in section 106 are met; (b) the applicable period referred to in subsection 106 (3) for filing the application has ended; (c) there is no other pending application that sets out the same authorization for sale and that has priority over, or the same priority as, the application; and (d) any court proceedings, brought under section 110 with respect to the application or to another pending application that sets out the same authorization for sale and that has priority over, or the same priority as, the application, have been finally disposed of. 2017, c. 6, s. 59
Patent Act — P-4 114
Contents of certificate 114 A certificate of supplementary protection shall set out (a) the number, as recorded in the Patent Office, of the patent set out in the application; (b) the medicinal ingredient or combination of medicinal ingredients set out in the application; (c) a statement as to whether the certificate relates to use in humans or to veterinary use; (d) the number of the authorization for sale set out in the application; and (e) the day on which the certificate’s term begins and the day on which the term ends, as determined under section 116 . 2017, c. 6, s. 59
Patent Act — P-4 115
Scope of supplementary protection 115 (1) The issuance of a certificate of supplementary protection grants the certificate’s holder and their legal representatives, during the certificate’s term, the same rights, privileges and liberties that are granted by the patent set out in the certificate, but only with respect to the making, constructing, using and selling of any drug that contains the medicinal ingredient, or combination of medicinal ingredients, set out in the certificate, by itself or in addition to any other medicinal ingredient. No infringement — export (2) Despite subsection (1), it is not an infringement of the certificate of supplementary protection for any person to make, construct, use or sell the medicinal ingredient or combination of medicinal ingredients for the purpose of export from Canada. 2017, c. 6, s. 59
Patent Act — P-4 116
Validity 116 (1) After the certificate is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the holder and the holder’s legal representatives for its term. Taking effect (2) A certificate of supplementary protection takes effect on the expiry of the term referred to in section 44, without taking into account section 46, of the patent set out in the certificate, but the certificate takes effect only if the patent remains valid until, and is not void before, the expiry of that term. Calculation of term (3) The certificate’s term is calculated by subtracting five years from the period beginning on the filing date of the application for the patent and ending on the day on which the authorization for sale set out in the certificate is issued, but in any event is for a maximum of two years. Reduction in period (4) Despite subsection (3), if the person to whom the authorization for sale set out in the certificate is issued is also the patentee, the Minister may, if he or she is of the opinion that that person’s failure to act resulted in a period of unjustified delay in the process of obtaining the authorization for sale, reduce the term of the certificate when issuing it by the amount of that period. Never takes effect (5) A certificate of supplementary protection that has been issued never takes effect if the calculation of its term, including any reduction under subsection (3), produces a result of zero or a negative value. For greater certainty (6) For greater certainty, the certificate’s term runs concurrently with any additional term granted under section 46.1. 2017, c. 6, s. 59 2023, c. 26, s. 498
Patent Act — P-4 117
Revocation of certificate 117 The Minister shall revoke a certificate of supplementary protection in the prescribed circumstances. 2017, c. 6, s. 59
Patent Act — P-4 118
Transfer of patent 118 (1) Despite subsection 49(1), a certificate of supplementary protection, or an application for one, is not transferable other than by the transfer of the patent, or part of the patent, that is set out in the certificate or application. Whole of patent (2) If the whole of the patent is transferred, the certificate or application is transferred accordingly. Part of patent (3) If part of the patent is transferred, any part of the certificate or application — including, as the case may be, the whole of it — that corresponds to the transferred part of the patent is transferred accordingly. For greater certainty (4) For greater certainty, the transfer of part of an application for a certificate of supplementary protection does not result in its division into more than one application. 2017, c. 6, ss. 59, 135
Patent Act — P-4 119
Applications, fees and documents 119 Applications, fees and documents relating to certificates of supplementary protection shall be submitted to the Minister. 2017, c. 6, s. 59
Patent Act — P-4 120
Inspection by public 120 (1) The Minister shall ensure that the prescribed contents of all certificates of supplementary protection and applications for a certificate are made available for public inspection under the conditions that may be prescribed. Non-application (2) Subsection (1) does not apply with respect to the contents of applications for a certificate that are refused, declared invalid or void, expired or withdrawn. 2017, c. 6, s. 59
Patent Act — P-4 121
Copy in case of loss or destruction 121 The Minister may issue a certified copy of a certificate of supplementary protection to replace one that is lost or destroyed. 2017, c. 6, s. 59
Patent Act — P-4 122
Issuance of patent under section 47 122 (1) If a patent set out in a certificate of supplementary protection or in a pending application for such a certificate is surrendered, and a new patent is issued, under section 47, the holder of the certificate or the applicant shall, before the end of the prescribed period that begins on the day on which the new patent is issued, provide the Minister with written notice of the number, as recorded in the Patent Office, of the new patent to which the certificate or application relates. One patent (2) If more than one new patent is issued under section 47, the holder of the certificate or the applicant shall provide the number for only one of the new patents. New certificate (3) If notice is provided under subsection (1) by a holder of a certificate, the Minister shall issue a new certificate of supplementary protection, setting out the new patent number, to replace the original certificate. The new certificate’s term is the then unexpired term of the original certificate. Effect of new certificate (4) The new certificate is deemed to have been issued on the day on which the new patent is issued. The original certificate and the new certificate have the same effect in law, in any action commenced after the issuance of the new certificate for any cause accruing after that issuance, as if the new patent had been set out in the original certificate; however, insofar as the claims of the new patent and the original patent are identical, the issuance of the new certificate does not affect any action pending at the time of the issuance of the new certificate or abate any cause of action that existed at that time and the new certificate constitutes a continuation of the original certificate and has effect accordingly. Application (5) If notice is provided under subsection (1) by an applicant for a pending application, the Minister shall (a) amend the application to set out the new patent number; and (b) provide written notice of the amendment to any other applicant referred to in section 109 with respect to the application. Effect of amendment to application (6) The amended application has the same effect, for the purposes of sections 106 to 113 , as if the pending application had been originally filed in its amended form. 2017, c. 6, s. 59
Patent Act — P-4 123
Application 123 Sections 19 to 19.2 apply with respect to certificates of supplementary protection, with (a) any reference to “patented invention” to be read, with any grammatical adaptations, as a reference to “invention protected by a certificate of supplementary protection”; and (b) any reference to “patentee” to be read as a reference to “holder of the certificate of supplementary protection”. 2017, c. 6, s. 59
Patent Act — P-4 123.1
Admissible in evidence 123.1 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 certificate of supplementary protection may be admitted into evidence to any action or proceeding respecting the certificate of supplementary protection to rebut any representation made by the holder of the certificate of supplementary protection in the action or proceeding as to the construction of a claim in the patent set out in the certificate of supplementary protection. 2018, c. 27, s. 197
Patent Act — P-4 125
Impeachment 125 (1) A certificate of supplementary protection, or any claim in the patent set out in such a certificate, may be declared invalid or void — 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 was issued, of subsection 106 (1) or that the patent set out in the certificate no longer complies with the requirements, as they existed at that time, set out in paragraph 106 (1)(c) — by the Federal Court at the instance of the Attorney General of Canada or any interested person. Application (2) Subsections 60(2) and (3) apply with respect to a certificate of supplementary protection, with any reference to “patentee” to be read as a reference to “holder of a certificate of supplementary protection” and any reference to “patent” to be read as a reference to “certificate of supplementary protection”. 2017, c. 6, s. 59
Patent Act — P-4 126
Judgment voiding certificate or claim 126 (1) A certificate of supplementary protection, or a claim in the patent set out in such a certificate, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in subsection (2). Appeal (2) Every judgment voiding a certificate of supplementary protection or any claim in the patent set out in such a certificate, and every judgment refusing to do so, is subject to appeal to any court having appellate jurisdiction in other cases decided by the court by which the judgment was rendered. 2017, c. 6, s. 59
Patent Act — P-4 127
Abuse of patent rights 127 (1) The Commissioner may, in respect of application under section 65, exercise any of the powers under any of paragraphs 66(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 the exclusive rights under the patent that is set out in the certificate has been established. Abuse — application to Commissioner (2) The Attorney General of Canada or an interested person may, at any time after a certificate of supplementary protection takes effect and after the expiry of three years from the date of the grant of the patent set out in the certificate, apply to the Commissioner alleging that there has been an abuse of the exclusive rights granted under a certificate of supplementary protection issued with respect to that patent and asking for relief under this Act. What amounts to abuse (3) The exclusive rights under a certificate of supplementary protection are abused in any of the following circumstances: (a) the demand in Canada for a drug that contains the medicinal ingredient or a combination of the medicinal ingredients set out in the certificate is not being met to an adequate extent and on reasonable terms; (b) by reason of the refusal of the certificate’s holder to grant a licence or licences on reasonable terms, the trade or industry of Canada or the trade of any person or class of persons trading in Canada, or the establishment of any new trade or industry in Canada, is prejudiced, and it is in the public interest that a licence or licences should be granted; (c) any trade or industry in Canada, or any person or class of persons engaged in such a trade or industry, is unfairly prejudiced by the conditions attached by the certificate’s holder to the purchase, hire, licence, use or working of the invention protected by the certificate. 2017, c. 6, s. 59
Patent Act — P-4 128
Provisions that apply 128 Sections 66 to 71, other than paragraph 66(1)(c), apply for the purposes of section 127 , with (a) any reference to “patent”, other than with respect to the Patent Office, to be read as a reference to “certificate of supplementary protection”; (b) any reference to “patentee” to be read as a reference to “holder of the certificate of supplementary protection”; (c) any reference in paragraphs 66(1)(d) and (e) and subsection 68(1) to “section 65” to be read as a reference to “section 127 ”; (d) any reference in subsection 69(1) or section 71 to “sections 65 to 70” to be read as a reference to “sections 66 to 70 and 127 ”; and (e) the reference in subsection 69(3) to “the Minister” to be read as a reference to “the Minister of Industry”. 2017, c. 6, s. 59
Patent Act — P-4 129
Electronic form and means 129 (1) Subject to the regulations, any document, information or fee that is submitted to the Minister under this Act may be submitted in any electronic form, and by any electronic means, that is specified by the Minister. Collection, storage, etc. (2) Subject to the regulations, the Minister may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information under sections 106 to 134 . Definition (3) In this section, electronic , in reference to a form or means, includes optical, magnetic and other similar forms or means. 2017, c. 6, s. 59
Patent Act — P-4 130
Certified copies as evidence 130 In any action or proceeding respecting a certificate of supplementary protection authorized to be had or taken in Canada under this Act, a copy purporting to be certified by the Minister of any such certificate, or of any other document that is made by or filed with the Minister and is connected to such a certificate, may be produced before the court or other tribunal, or a judge or member of the court or tribunal, and the copy purporting to be so certified may be admitted in evidence without production of the original and without proof of the Minister’s certification. 2017, c. 6, s. 59
Patent Act — P-4 131
Costs of proceedings 131 In all proceedings before any court under this Act, including, for greater certainty, an application for judicial review of a decision of the Minister under this Act, the costs of the Minister are in the discretion of the court, but the Minister shall not be ordered to pay the costs of any other of the parties. 2017, c. 6, s. 59
Patent Act — P-4 132
Time limit deemed extended 132 (1) 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 that is designated by the Minister, 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 Minister may, on account of unforeseen circumstances and if the Minister 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 Minister shall inform the public of that fact on the Department of Health’s website. 2017, c. 6, s. 59
Patent Act — P-4 133
Service Fees Act 133 The Service Fees Act does not apply in respect of the fees referred to in section 106 or 134. 2017, c. 6, s. 59, c. 20, s. 455
Patent Act — P-4 134
Regulations 134 (1) The Governor in Council may make rules or regulations (a) defining the term authorization for sale ; (b) respecting the form and contents of applications for certificates of supplementary protection; (c) respecting the processing of such applications; (d) respecting the determination of when, for the purpose of paragraph 106(1)(f), an application for an authorization for sale was filed and, for the purpose of subsection 106(3), an application for a certificate of supplementary protection is filed; (e) prescribing the fees or the manner of determining the fees that may be charged in respect of the filing of applications for certificates of supplementary protection, the issuance of such certificates or the taking of other proceedings under sections 106 to 133 or under any rule or regulation made under this section, or in respect of any services or the use of any facilities provided by the Minister under those sections or such a rule or regulation; (f) respecting the circumstances in which any patentee or holder of a certificate of supplementary protection may or must be represented by another person in respect of a certificate of supplementary protection or an application for such a certificate; (g) respecting the submission, including in electronic form and by electronic means, of documents and information to the Minister, including the time at which they are deemed to be received by the Minister; (h) respecting the use of electronic means for the purposes of subsection 129 (2), including requiring the use of those electronic means; (i) respecting the withdrawal of an application for a certificate of supplementary protection; (j) respecting communications between the Minister and any other person; (k) respecting the correction of obvious errors in documents submitted to the Minister, in certificates of supplementary protection or in other documents issued under sections 106 to 133 , including (i) the determination by the Minister of what constitutes an obvious error, and (ii) the effect of the correction; and (l) generally, for carrying into effect the objects and purposes of sections 104 to 133 or for ensuring their due administration by the Minister. For greater certainty (2) For greater certainty, the Governor in Council may make rules or regulations under paragraphs 12(1)(d), (g), (h) and (k) for the purposes of this section and sections 104 to 133 . 2017, c. 6, s. 59; 2018, c. 27, s. 199(E)
Patent Act — P-4 31
Payments to provinces 31 (1) The Minister of Consumer and Corporate Affairs shall pay to each province for each of the fiscal years commencing in the period April 1, 1987 to March 31, 1991, for the purpose of research and development relating to medicine, an amount equal to the product obtained by multiplying (a) the quotient obtained by dividing (i) twenty-five million dollars by (ii) the total population of all provinces for the fiscal year in respect of which the payment is made, by (b) the population of the province for the fiscal year in respect of which the payment is made. Time and manner of payment (2) Payment of any amount under this section shall be made out of the Consolidated Revenue Fund at such times and in such manner as the Governor in Council may, by regulation, prescribe. Determination of population (3) For the purposes of this section, the population of a province for a fiscal year shall be the population of that province on June 1 of that year as determined and published by the Chief Statistician of Canada.
Patent Act — P-4 32
Prohibition 32 (1) Notwithstanding anything in section 39 of the Patent Act or in any licence granted under that section, no person shall, under a licence granted prior to March 28, 1989 under that section in respect of a patent pertaining to the medicine Diltiazem hydrochloride, have or exercise any right to (a) import Diltiazem hydrochloride, if it is to be sold for consumption in Canada; or (b) make Diltiazem hydrochloride for sale for consumption in Canada. Duration of prohibition (2) The prohibition under subsection (1) expires on March 28, 1989. Actions and proceedings barred (3) No action or proceedings for any compensation or damages lie against Her Majesty in right of Canada as a result of the application of subsection (1) to a licence referred to in that subsection.