GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Act — P-4 28.1
Claim date 28.1 (1) The date of a claim in an application for a patent in Canada (the “pending application”) is the filing date of the application, unless (a) the pending application is filed by (i) a person who has, or whose agent, legal representative or predecessor in title has, previously regularly filed in or for Canada an application for a patent disclosing the subject-matter defined by the claim, or (ii) 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, or whose agent, legal representative or predecessor in title 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 disclosing the subject-matter defined by the claim; (b) the filing date of the pending application is within twelve months after the filing date of the previously regularly filed application; and (c) the applicant has made a request for priority on the basis of the previously regularly filed application. Claims based on previously regularly filed applications (2) In the circumstances described in paragraphs (1)(a) to (c), the claim date is the filing date of the previously regularly filed application. 1993, c. 15, s. 33 2014, c. 39, s. 122(F)
Patent Act — P-4 28.2
Subject-matter of claim must not be previously disclosed 28.2 (1) The subject-matter defined by a claim in an application for a patent in Canada (the “pending application”) must not have been disclosed (a) before the one-year period immediately preceding the filing date or, if the claim date is before that period, before the claim date by the applicant, or by a person who obtained knowledge, directly or indirectly, from the applicant, in such a manner that the subject-matter became available to the public in Canada or elsewhere; (b) before the claim date by a person not mentioned in paragraph (a) in such a manner that the subject-matter became available to the public in Canada or elsewhere; (c) in an application for a patent that is filed in Canada by a person other than the applicant, and has a filing date that is before the claim date; or (d) in an application (the “co-pending application”) for a patent that is filed in Canada by a person other than the applicant and has a filing date that is on or after the claim date if (i) the co-pending application is filed by (A) a person who has, or whose agent, legal representative or predecessor in title has, previously regularly filed in or for Canada an application for a patent disclosing the subject-matter defined by the claim, or (B) 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, or whose agent, legal representative or predecessor in title 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 disclosing the subject-matter defined by the claim, (ii) the filing date of the previously regularly filed application is before the claim date of the pending application, (iii) the filing date of the co-pending application is within twelve months after the filing date of the previously regularly filed application, and (iv) the applicant has, in respect of the co-pending application, made a request for priority on the basis of the previously regularly filed application. Withdrawal of application (2) An application mentioned in paragraph (1)(c) or a co-pending application mentioned in paragraph (1)(d) that is withdrawn before it is open to public inspection shall, for the purposes of this section, be considered never to have been filed. 1993, c. 15, s. 33 2014, c. 39, s. 123
Patent Act — P-4 28.3
Invention must not be obvious 28.3 The subject-matter defined by a claim in an application for a patent in Canada must be subject-matter that would not have been obvious on the claim date to a person skilled in the art or science to which it pertains, having regard to (a) information disclosed before the one-year period immediately preceding the filing date or, if the claim date is before that period, before the claim date by the applicant, or by a person who obtained knowledge, directly or indirectly, from the applicant in such a manner that the information became available to the public in Canada or elsewhere; and (b) information disclosed before the claim date by a person not mentioned in paragraph (a) in such a manner that the information became available to the public in Canada or elsewhere. 1993, c. 15, s. 33 2014, c. 39, s. 124
Patent Act — P-4 28.4
after the filing date of the previously regularly filed application if (a) the filing date of the pending application or the co-pending application, as the case may be, is more than 12 months after the filing date of the previously regularly filed application but within two months after the end of those 12 months; and (b) the applicant, within the prescribed time, (i) makes a request to the Commissioner for this subsection to apply, (ii) states, in the request, that the failure to file the pending application or the co-pending application, as the case may be, within 12 months after the filing date of the previously regularly filed application was unintentional, and (iii) complies with any prescribed requirements. Powers of the Federal Court (7) If subsection (6) applies, the Federal Court may, by order, declare that subsection never to have produced its effects if the Federal Court determines that the failure referred to in subparagraph (6)(b)(ii) was intentional. 1993, c. 15, s. 33; 2001, c. 34, s. 63 2014, c. 39, s. 125 2015, c. 36, s. 57 2018, c. 27, s. 206
Patent Act — P-4 31
Effect of refusal of a joint inventor to proceed 31 (1) Where an invention is made by two or more inventors and one of them refuses to make application for a patent or his whereabouts cannot be ascertained after diligent inquiry, the other inventors or their legal representatives may make application, and a patent may be granted in the name of the inventors who make the application, on satisfying the Commissioner that the joint inventor has refused to make application or that his whereabouts cannot be ascertained after diligent inquiry. Powers of Commissioner (2) In any case where (a) an applicant has agreed in writing to transfer a patent, when granted, to another person or to a joint applicant and refuses to proceed with the application, or (b) disputes arise between joint applicants with respect to proceeding with an application, the Commissioner, on proof of the agreement to his satisfaction, or if satisfied that one or more of the joint applicants ought to be allowed to proceed alone, may allow that other person or joint applicant to proceed with the application, and may grant a patent to him in such manner that all persons interested are entitled to be heard before the Commissioner after such notice as he may deem requisite and sufficient. Procedure when one joint applicant retires (3) Where an application is filed by joint applicants and it subsequently appears that one or more of them has had no part in the invention, the prosecution of the application may be carried on by the remaining applicant or applicants on satisfying the Commissioner by affidavit that the remaining applicant or applicants is or are the sole inventor or inventors. Joining applicants (4) Where an application is filed by one or more applicants and it subsequently appears that one or more further applicants should have been joined, the further applicant or applicants may be joined on satisfying the Commissioner that he or they should be so joined, and that the omission of the further applicant or applicants had been by inadvertence or mistake and was not for the purpose of delay. To whom granted (5) Subject to this section, in cases of joint applications, the patent shall be granted in the names of all the applicants. Appeal (6) An appeal lies to the Federal Court from the decision of the Commissioner under this section. R.S., 1985, c. P-4, s. 31 2014, c. 39, s. 127
Patent Act — P-4 32
Improvements 32 Any person who has invented any improvement on any patented invention may obtain a patent for the improvement, but he does not thereby obtain the right of making, vending or using the original invention, nor does the patent for the original invention confer the right of making, vending or using the patented improvement. R.S., c. P-4, s. 34
Patent Act — P-4 33 and 34
33 and 34 [Repealed, 1993, c. 15, s. 36]
Patent Act — P-4 34.1
Filing 34.1 (1) Any person may file with the Commissioner prior art, consisting of patents, applications for patents open to public inspection and printed publications, that the person believes has a bearing on the patentability of any claim in an application for a patent. Pertinency (2) A person who files prior art with the Commissioner under subsection (1) shall explain the pertinency of the prior art. R.S., 1985, c. 33 (3rd Supp.), s. 11; 1993, c. 15, s. 37
Patent Act — P-4 35
Request for examination 35 (1) The Commissioner shall, on the request of any person made in such manner as may be prescribed and on payment of a prescribed fee, cause an application for a patent to be examined by competent examiners to be employed in the Patent Office for that purpose. Prescribed time (2) The request shall be made within the prescribed time and the prescribed fee shall be paid within that time. Late fee and notice (3) If the request is not made or the prescribed fee is not paid within the prescribed time, (a) the prescribed late fee shall be paid, in addition to the prescribed fee; and (b) the Commissioner shall send a notice to the applicant stating that the application will be deemed to be abandoned if the request is not made and the prescribed fee and late fee are not paid before the end of two months after the date of the notice. Request deemed made and prescribed fee deemed paid within prescribed time (4) If the request is made and the prescribed fee and late fee are paid before a notice is sent or, if a notice has been sent, the request is made and the prescribed fee and late fee are paid before the end of two months after the date of the notice, the request shall be deemed to have been made and the prescribed fee shall be deemed to have been paid within the prescribed time. Required examination (5) The Commissioner may by a notice sent to the applicant, require that the request be made and the prescribed fee be paid within the prescribed time. However, the Commissioner is not authorized to send the notice if the prescribed time would end after the prescribed time referred to in subsection (2). Non-application (6) If a notice is sent under subsection (5), subsections (2) to (4) do not apply. R.S., 1985, c. P-4, s. 35; R.S., 1985, c. 33 (3rd Supp.), s. 12; 1993, c. 15, s. 38 2014, c. 39, s. 128
Patent Act — P-4 36
Patent for one invention only 36 (1) A patent shall be granted for one invention only but in an action or other proceeding a patent shall not be deemed to be invalid by reason only that it has been granted for more than one invention. Limitation of claims by applicant (2) Where an application (the “original application”) describes more than one invention, the applicant may limit the claims to one invention only, and any other invention disclosed may be made the subject of a divisional application, if the divisional application is filed before the issue of a patent on the original application. Limitation of claims on direction of Commissioner (2.1) Where an application (the “original application”) describes and claims more than one invention, the applicant shall, on the direction of the Commissioner, limit the claims to one invention only, and any other invention disclosed may be made the subject of a divisional application, if the divisional application is filed before the issue of a patent on the original application. Original application abandoned (3) If an original application mentioned in subsection (2) or (2.1) is deemed to be abandoned and is not reinstated, the time for filing a divisional application ends on the later of the day on which the original application is deemed to be abandoned and the end of the prescribed time referred to in subsection 73(3). Separate applications (4) A divisional application shall be deemed to be a separate and distinct application under this Act, to which its provisions apply as fully as may be, and separate fees shall be paid on the divisional application and, except for the purposes of subsections 27(6) and (7), it shall have the same filing date as the original application. R.S., 1985, c. P-4, s. 36; 1993, c. 15, s. 39 2014, c. 39, s. 129 2015, c. 36, s. 65(F) 2018, c. 27, s. 189
Patent Act — P-4 38.1
Biological material may be deposited 38.1 (1) Where a specification refers to a deposit of biological material and the deposit is in accordance with the regulations, the deposit shall be considered part of the specification and, to the extent that subsection 27(3) cannot otherwise reasonably be complied with, the deposit shall be taken into consideration in determining whether the specification complies with that subsection. Deposit not required (2) For greater certainty, a reference to a deposit of biological material in a specification does not create a presumption that the deposit is required for the purpose of complying with subsection 27(3). 1993, c. 15, s. 41
Patent Act — P-4 38.2
Amendments to specifications and drawings 38.2 (1) Subject to subsections (2) to (3.1) and the regulations, the specification and drawings contained in an application for a patent in Canada may be amended before the patent is issued. Restriction (2) The specification and drawings contained in an application, other than a divisional application, may not be amended to add matter that cannot reasonably be inferred from the specification or drawings contained in the application on its filing date. Language other than English or French (3) However, if all or part of the text matter of the specification or drawings contained in the application on its filing date is in a language other than English or French, the specification and drawings may not be amended to add matter not reasonably to be inferred from both (a) the specification or drawings contained in the application on its filing date, and (b) the specification or drawings contained in the application immediately after the text matter is replaced by an English or French translation, in accordance with the regulations. Divisional application (3.1) The specification and drawings contained in a divisional application may not be amended to add matter (a) that may not be or could not have been added, under subsection (2) or (3) or this subsection, to the specification and drawings contained in the application for a patent from which the divisional application results; or (b) that cannot reasonably be inferred from the specification or drawings contained in the divisional application on the date on which the Commissioner, in respect of that application, receives the prescribed documents and information or, if they are received on different dates, on the latest of those dates. Non-application of subsections (2) to (3.1) (4) Subsections (2) to (3.1) do not apply if it is admitted in the specification that the matter is prior art with respect to the application. Application subject to regulations (5) Subsections (2) to (3.1) apply subject to any regulations made under paragraph 12(1)(j.81). 1993, c. 15, s. 41 2014, c. 39, s. 131 2015, c. 36, s. 58
Patent Act — P-4 39 to 39.26
39 to 39.26 [Repealed, 1993, c. 2, s. 3]
Patent Act — P-4 40
Refusal by Commissioner 40 Whenever the Commissioner is satisfied that an applicant is not by law entitled to be granted a patent, he shall refuse the application and, by registered letter addressed to the applicant or his registered agent, notify the applicant of the refusal and of the ground or reason therefor. R.S., c. P-4, s. 42
Patent Act — P-4 41
Appeal to Federal Court 41 Every person who has failed to obtain a patent by reason of a refusal of the Commissioner to grant it may, at any time within six months after notice as provided for in section 40 has been mailed, appeal from the decision of the Commissioner to the Federal Court and that Court has exclusive jurisdiction to hear and determine the appeal. R.S., 1985, c. P-4, s. 41; R.S., 1985, c. 33 (3rd Supp.), s. 16
Patent Act — P-4 42
Contents of patent 42 Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall, subject to this Act, grant to the patentee and the patentee’s legal representatives for the term of the patent referred to in section 44 or 45 and, if applicable, for the additional term granted under section 46.1, from the granting of the patent, the exclusive right, privilege and liberty of making, constructing and using the invention and selling it to others to be used, subject to adjudication in respect thereof before any court of competent jurisdiction. R.S., 1985, c. P-4, s. 42; R.S., 1985, c. 33 (3rd Supp.), s. 16 2023, c. 26, s. 489
Patent Act — P-4 43
Form and duration of patents 43 (1) Subject to section 46, every patent granted under this Act shall be issued under the seal of the Patent Office, and shall bear on its face the filing date of the application for the patent, the date on which the application became open to public inspection under section 10, the date on which the patent is granted and issued and any prescribed information. Validity of patent (2) After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term referred to in section 44 or 45 and, if applicable, for the additional term granted under section 46.1. R.S., 1985, c. P-4, s. 43; R.S., 1985, c. 33 (3rd Supp.), s. 16; 1993, c. 15, s. 42 2023, c. 26, s. 490
Patent Act — P-4 44
Term of patents based on applications filed on or after October 1, 1989 44 Subject to section 46, where an application for a patent is filed under this Act on or after October 1, 1989, the term of the patent is 20 years from the filing date. R.S., 1985, c. P-4, s. 44; R.S., 1985, c. 33 (3rd Supp.), s. 16; 1993, c. 15, s. 42 2023, c. 26, s. 491
Patent Act — P-4 45
Term of patents based on applications filed before October 1, 1989 45 Subject to section 46, where an application for a patent is filed under this Act before October 1, 1989, the term of the patent is 17 years from the date on which the patent is issued. R.S., 1985, c. P-4, s. 45; R.S., 1985, c. 33 (3rd Supp.), s. 16; 1993, c. 15, s. 42; 2001, c. 10, s. 1 2023, c. 26, s. 491
Patent Act — P-4 46
Maintenance fees 46 (1) To maintain the rights accorded by a patent issued under this Act in effect during the term referred to in section 44 or 45, 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 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. 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 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 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 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 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. R.S., 1985, c. P-4, s. 46; R.S., 1985, c. 33 (3rd Supp.), s. 16; 1993, c. 15, s. 43 2014, c. 39, s. 132 2023, c. 26, s. 492