GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Act — P-4 4
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, and documents relating to patents, shall perform and do all acts and things requisite for the granting and issuing of patents, shall have the charge and custody of the books, records 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., 1985, c. P-4, s. 4 2014, c. 39, s. 115
Patent Act — P-4 5
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, inability to act or vacancy (2) If the Commissioner is absent or unable to act or the office of Commissioner is vacant, the Assistant Commissioner or, if at the same time the Assistant Commissioner is absent or unable to act or the office of Assistant Commissioner is vacant, another officer designated by the Minister may exercise the powers and shall perform the duties of the Commissioner. R.S., 1985, c. P-4, s. 5 2015, c. 36, s. 50
Patent Act — P-4 6
Staff 6 There may be appointed in the manner authorized by law such principal examiners, examiners, associate examiners and assistant examiners, clerks, stenographers and other assistants as are necessary for the administration of this Act. R.S., c. P-4, s. 6
Patent Act — P-4 7
Officers of Patent Office not to deal in patents, etc. 7 (1) No officer or employee of the Patent Office shall buy, sell, acquire or traffic in any invention, patent, right to a patent, certificate of supplementary protection or right to such a certificate, or any interest in any of them, and every purchase, sale, acquisition or transfer of any of them, or of any interest in any of them, made by or to such an officer or employee is void or, in Quebec, null. Restriction (2) Subsection (1) does not apply to a sale by an original inventor or to an acquisition under the last will, or by the intestacy, of a deceased person. R.S., 1985, c. P-4, s. 7; 2017, c. 6, s. 33
Patent Act — P-4 8.1
Electronic form and means 8.1 (1) Subject to the regulations, any document, information or fee that is submitted to the Commissioner or the Patent Office under this Act may be submitted in any electronic form, and by any electronic means, that is specified by the Commissioner. Collection, storage, etc. (2) Subject to the regulations, the Commissioner and the Patent Office may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information or to seal a patent or other document. Definition of electronic (3) In this section, electronic , in reference to a form or means, includes optical, magnetic and other similar forms or means. 1993, c. 15, s. 27 2014, c. 39, s. 117
Patent Act — P-4 9
Destroyed or lost patents 9 If any patent is destroyed or lost, a certified copy may be issued in lieu thereof on payment of the prescribed fee. R.S., c. P-4, s. 9
Patent Act — P-4 10
Inspection by the public 10 (1) Subject to subsections (2) to (6) and section 20, all patents, applications for patents and documents relating to patents or applications for patents that are in the possession of the Patent Office shall be open to public inspection at the Patent Office, under any conditions that may be prescribed. Confidentiality period (2) Except with the approval of the applicant, an application for a patent, or a document relating to the application, shall not be open to public inspection before a confidentiality period of 18 months has expired. Beginning of confidentiality period (3) The confidentiality period begins on the filing date of the application or, where a request for priority has been made in respect of the application, it begins on the earliest filing date of any previously regularly filed application on which the request is based. Withdrawal of request (4) Where a request for priority is withdrawn on or before the prescribed date, it shall, for the purposes of subsection (3) and to the extent that it is withdrawn, be considered never to have been made. Withdrawn applications (5) An application shall not be open to public inspection if it is withdrawn in accordance with the regulations on or before the prescribed date. Prescribed date (6) A prescribed date referred to in subsection (4) or (5) must be no later than the date on which the confidentiality period expires. R.S., 1985, c. P-4, s. 10; R.S., 1985, c. 33 (3rd Supp.), s. 2; 1993, c. 15, s. 28; 2018, c. 27, s. 187
Patent Act — P-4 13
Seal of office 13 (1) 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 instrument and copy thereof issuing from the Patent Office. Seal to be evidence (2) Every court, judge and person shall take notice of the seal of the Patent Office, shall admit the impressions thereof in evidence in like manner as the impressions of the Great Seal are admitted in evidence and shall take notice of and admit in evidence, without further proof and without production of the originals, all copies or extracts certified under the seal of the Patent Office to be copies of or extracts from documents deposited in that Office. R.S., c. P-4, s. 13
Patent Act — P-4 14
Certified copies of patents as evidence 14 In any action or proceeding respecting a patent authorized to be had or taken in Canada under this Act, a copy of any patent granted in any other country, or any official document connected therewith, purporting to be certified under the hand of the proper officer of the government of the country in which the patent has been obtained, may be produced before the court or a judge thereof, and the copy of the patent or document purporting to be so certified may be admitted in evidence without production of the original and without proof of the signature or official character of the person appearing to have signed it. R.S., c. P-4, s. 14
Patent Act — P-4 16.1
Privileged communication 16.1 (1) A communication that meets the following conditions is privileged in the same way as a communication that is subject to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries and no person shall be required to disclose, or give testimony on, the communication in a civil, criminal or administrative action or proceeding: (a) it is between a patent agent and their client; (b) it is intended to be confidential; and (c) it is made for the purpose of seeking or giving advice with respect to any matter relating to the protection of an invention. Waiver (2) Subsection (1) does not apply if the client expressly or implicitly waives the privilege. Exceptions (3) Exceptions to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries apply to a communication that meets the conditions set out in paragraphs (1)(a) to (c). Patent agents — country other than Canada (4) A communication between an individual who is authorized to act as the equivalent of a patent agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between a patent agent and their client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c). Individual acting on behalf of patent agent or client (5) For the purposes of this section, a patent agent or an individual who is authorized to act as the equivalent of a patent agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf. Application (6) This section applies to communications that are made before the day on which this section comes into force if they are still confidential on that day and to communications that are made after that day. However, this section does not apply in respect of an action or proceeding commenced before that day. 2015, c. 36, s. 54 2018, c. 27, s. 252
Patent Act — P-4 17
Practice on appeals 17 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 and taken pursuant to the Federal Courts Act and the rules and practice of that Court. R.S., 1985, c. P-4, s. 17; 2002, c. 8, s. 182
Patent Act — P-4 18
Notice on appeal 18 (1) Whenever an appeal to the Federal Court from the decision of the Commissioner is permitted under this Act, notice of the decision shall be mailed by the Commissioner by registered letter addressed to the interested parties or their respective agents. Time for taking appeal (2) The appeal shall be taken within three months after the date of mailing of the notice, unless otherwise provided by or under this Act. R.S., 1985, c. P-4, s. 18; 1993, c. 15, s. 30
Patent Act — P-4 19
Government may apply to use patented invention 19 (1) Subject to section 19.1, the Commissioner may, on application by the Government of Canada or the government of a province, authorize the use of a patented invention by that government. Terms of use (2) Subject to section 19.1, the use of the patented invention may be authorized for such purpose, for such period and on such other terms as the Commissioner considers expedient but the Commissioner shall settle those terms in accordance with the following principles: (a) the scope and duration of the use shall be limited to the purpose for which the use is authorized; (b) the use authorized shall be non-exclusive; and (c) any use shall be authorized predominantly to supply the domestic market. Notice (3) The Commissioner shall notify the patentee of any use of the patented invention that is authorized under this section. Payment of remuneration (4) Where the use of the patented invention is authorized, the authorized user shall pay to the patentee such amount as the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization. Termination of authorization (5) The Commissioner may, on application by the patentee and after giving all concerned parties an opportunity to be heard, terminate the authorization if the Commissioner is satisfied that the circumstances that led to the granting of the authorization have ceased to exist and are unlikely to recur, subject to such conditions as the Commissioner deems appropriate to protect the legitimate interests of the authorized user. Authorization not transferable (6) An authorization granted under this section is not transferable. R.S., 1985, c. P-4, s. 19; 1993, c. 44, s. 191
Patent Act — P-4 19.1
Conditions for authorizing use 19.1 (1) The Commissioner may not authorize the use of a patented invention under section 19 unless the applicant establishes that (a) it has made efforts to obtain from the patentee on reasonable commercial terms and conditions the authority to use the patented invention; and (b) its efforts have not been successful within a reasonable period. Exception (2) Subsection (1) does not apply in cases of national emergency or extreme urgency or where the use for which the authorization is sought is a public non-commercial use. Prescribed uses (3) The Commissioner may not, under section 19, authorize any use that is a prescribed use unless the proposed user complies with the prescribed conditions. Limitation on use of semi-conductor technology (4) The Commissioner may not, under section 19, authorize any use of semi-conductor technology other than a public non-commercial use. 1993, c. 44, s. 191; 1994, c. 47, s. 142
Patent Act — P-4 19.2
Appeal 19.2 Any decision made by the Commissioner under section 19 or 19.1 is subject to appeal to the Federal Court. 1993, c. 44, s. 191
Patent Act — P-4 19.3
Regulations 19.3 (1) The Governor in Council may make regulations for the purpose of implementing, in relation to patents, Article 1720 of the Agreement. Definition of Agreement (2) In subsection (1), Agreement has the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act . 1993, c. 44, s. 191
Patent Act — P-4 19.4
Application by Minister 19.4 (1) The Commissioner shall, on the application of the Minister of Health, authorize the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention to the extent necessary to respond to the public health emergency described in the application. Contents of application (2) The application must (a) set out the name of the patentee and the number, as recorded in the Patent Office, of the patent issued in respect of the patented invention; (b) include a confirmation that the Chief Public Health Officer, appointed under subsection 6(1) of the Public Health Agency of Canada Act , believes that there is a public health emergency that is a matter of national concern; (c) include a description of the public health emergency; and (d) specify a person, if any, that is to be authorized to make, construct, use and sell the patented invention for the purposes of responding to the public health emergency. Cessation of effect (3) The authorization ceases to have effect the earlier of (a) the day on which the Minister of Health notifies the Commissioner that the authorization is no longer necessary to respond to the public health emergency set out in the application, and (b) one year after the day on which it is granted. Notice (4) The Commissioner shall notify the patentee of any authorization that is granted under this section and provide them with the information referred to in subsection (2). Payment of remuneration (5) The Government of Canada and any person authorized under subsection (1) shall pay the patentee any amount that the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization and the extent to which they make, construct, use and sell the patented invention. Authorization not transferable (6) An authorization granted under this section is not transferable. For greater certainty (7) For greater certainty, the use or sale, in relation to a public health emergency, of a patented invention that is made or constructed in accordance with an authorization granted under this section is not an infringement of the patent. Power of Federal Court (8) On the application of the patentee, the Federal Court may make an order requiring the Government of Canada or any person authorized under subsection (1) to cease making, constructing, using or selling the patented invention in a manner that is inconsistent with the authorization granted under this section. Restriction (9) The Commissioner shall not make an authorization under subsection (1) after September 30, 2020. 2020, c. 5, s. 51
Patent Act — P-4 21
Agreement between Canada and other government 21 Where by any agreement between the Government of Canada and any other government it is provided that the Government of Canada will apply section 20 to inventions disclosed in any application for a patent assigned or agreed to be assigned by the inventor to that other government, and the Commissioner is notified by any minister of the Crown that the agreement extends to an invention in a specified application, the application and all the documents relating thereto shall be dealt with as provided in section 20, except subsections (3) and (4), as if the invention had been assigned or agreed to be assigned to the Minister of National Defence. R.S., c. P-4, s. 21
Patent Act — P-4 21.01
Purpose 21.01 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 products to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics. 2004, c. 23, s. 1
Patent Act — P-4 21.02
Definitions 21.02 The definitions in this section apply in this section and in sections 21.03 to 21.19. authorization means an authorization granted under subsection 21.04(1), and includes an authorization renewed under subsection 21.12(1). ( autorisation ) General Council means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( Conseil général ) General Council Decision means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson’s statement of that date. ( décision du Conseil général ) patented product means a product the making, constructing, using or selling of which in Canada would infringe a patent in the absence of the consent of the patentee. ( produit breveté ) pharmaceutical product means any patented product listed in Schedule 1 in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product. ( produit pharmaceutique ) TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( Accord sur les ADPIC ) TRIPS Council means the council referred to in the TRIPS Agreement. ( Conseil des ADPIC ) WTO means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( OMC ) 2004, c. 23, s. 1
Patent Act — P-4
authorization means an authorization granted under subsection 21.04(1), and includes an authorization renewed under subsection 21.12(1). ( autorisation )
Patent Act — P-4
General Council means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( Conseil général )
Patent Act — P-4
General Council Decision means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson’s statement of that date. ( décision du Conseil général )
Patent Act — P-4
patented product means a product the making, constructing, using or selling of which in Canada would infringe a patent in the absence of the consent of the patentee. ( produit breveté )
Patent Act — P-4
pharmaceutical product means any patented product listed in Schedule 1 in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product. ( produit pharmaceutique )
Patent Act — P-4
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( Accord sur les ADPIC )
Patent Act — P-4
TRIPS Council means the council referred to in the TRIPS Agreement. ( Conseil des ADPIC )
Patent Act — P-4
WTO means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( OMC )
Patent Act — P-4 21.03
es 2 to 4 (3) The Governor in Council may, by order, on the recommendation of the Minister of Foreign Affairs, the Minister for International Trade and the Minister for International Development, amend any of Schedules 2 to 4 to remove the name of any country or WTO Member if (a) in the case of a country or WTO Member listed in Schedule 2, the country or WTO Member has ceased to be recognized by the United Nations as being a least-developed country or, in the case of a country that is not a WTO Member, the country has permitted any product imported into that country under an authorization to be used for commercial purposes or has failed to adopt the measures referred to in Article 4 of the General Council Decision; (b) in the case of a WTO Member listed in Schedule 3, the WTO Member has notified the TRIPS Council that it will import, in accordance with the General Council Decision, pharmaceutical products, as defined in paragraph 1(a) of that decision, only if faced with a national emergency or other circumstances of extreme urgency; (c) in the case of a WTO Member listed in Schedule 4, the WTO Member has revoked any notification it has given to the TRIPS Council that it will import pharmaceutical products, as defined in paragraph 1(a) of the General Council Decision, only if faced with a national emergency or other circumstances of extreme urgency; (d) in the case of a country listed in Schedule 4 that is not a WTO Member, (i) the name of the country is no longer on the Organization for Economic Co-operation and Development’s list of countries that are eligible for official development assistance, (ii) the country no longer faces a national emergency or other circumstances of extreme urgency, (iii) the country has permitted any product imported into that country under an authorization to be used for commercial purposes, or (iv) the country has failed to adopt the measures referred to in Article 4 of the General Council Decision; (e) in the case of any country or WTO Member listed in Schedule 3 or 4, the country or WTO Member has become recognized by the United Nations as a least-developed country; and (f) in the case of any country or WTO Member listed in any of Schedules 2 to 4, the country has notified the Government of Canada, or the WTO Member has notified the TRIPS Council, that it will not import pharmaceutical products, as defined in paragraph 1(a) of the General Council Decision. Timeliness of orders (4) An order under this section shall be made in a timely manner. 2004, c. 23, s. 1; 2013, c. 33, s. 196
Patent Act — P-4 21.04
application relates to a country listed in Schedule 4 that is not a WTO Member, a certified copy of the notice in writing that the country has provided to the Government of Canada through diplomatic channels specifying the name of the pharmaceutical product, as defined in paragraph 1(a) of the General Council Decision, and the quantity of that product, needed by the country, and stating that it is faced with a national emergency or other circumstances of extreme urgency, that it has insufficient or no pharmaceutical manufacturing capacity for the production of the product to which the application relates, that it agrees that product will not be used for commercial purposes and that it undertakes to adopt the measures referred to in Article 4 of the General Council Decision, and (A) a solemn or statutory declaration in the prescribed form by the person filing the application stating that the product to which the application relates is not patented in that country, or (B) a certified copy of the notice in writing that the country has provided to the Government of Canada through diplomatic channels confirming that the country has granted or intends to grant a compulsory licence to use the invention pertaining to the product. 2004, c. 23, s. 1