GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Act — P-4 21.05
Form and content of authorization 21.05 (1) The authorization must be in the prescribed form and, subject to subsection (2), contain the prescribed information. Quantity (2) The quantity of the product authorized to be manufactured by an authorization may not be more than the lesser of (a) the maximum quantity set out in the application for the authorization, and (b) the quantity set out in the notice referred to in any of subparagraphs 21.04(3)(d)(i) to (v), whichever is applicable. 2004, c. 23, s. 1
Patent Act — P-4 21.06
Disclosure of information on website 21.06 (1) Before exporting a product manufactured under an authorization, the holder of the authorization must establish a website on which is disclosed the prescribed information respecting the name of the product, the name of the country or WTO Member to which it is to be exported, the quantity that is authorized to be manufactured and sold for export and the distinguishing features of the product, and of its label and packaging, as required by regulations made under the Food and Drugs Act , as well as information identifying every known party that will be handling the product while it is in transit from Canada to the country or WTO Member to which it is to be exported. Obligation to maintain (2) The holder must maintain the website during the entire period during which the authorization is valid. Links to other websites (3) The Commissioner shall post and maintain on the website of the Canadian Intellectual Property Office a link to each website required to be maintained by the holder of an authorization under subsection (1). Posting on the website (4) The Commissioner shall, within seven days of receipt, post on the website of the Canadian Intellectual Property Office each application for authorization filed under subsection 21.04(1). 2004, c. 23, s. 1
Patent Act — P-4 21.07
Export notice 21.07 Before each shipment of any quantity of a product manufactured under an authorization, the holder of the authorization must, within fifteen days before the product is exported, provide to each of the following a notice, by certified or registered mail, specifying the quantity to be exported, as well as every known party that will be handling the product while it is in transit from Canada to the country or WTO Member to which it is to be exported: (a) the patentee or each of the patentees, as the case may be; (b) the country or WTO Member named in the authorization; and (c) the person or entity that purchased the product to which the authorization relates. 2004, c. 23, s. 1
Patent Act — P-4 21.08
Royalty 21.08 (1) Subject to subsections (3) and (4), on the occurrence of a prescribed event, the holder of an authorization is required to pay to the patentee or each patentee, as the case may be, a royalty determined in the prescribed manner. Factors to consider when making regulations (2) In making regulations for the purposes of subsection (1), the Governor in Council must consider the humanitarian and non-commercial reasons underlying the issuance of authorizations under subsection 21.04(1). Time for payment (3) The royalties payable under this section must be paid within the prescribed time. Federal Court may determine royalty (4) The Federal Court may, in relation to any authorization, make an order providing for the payment of a royalty that is greater than the royalty that would otherwise be required to be paid under subsection (1). Application and notice (5) An order may be made only on the application of the patentee, or one of the patentees, as the case may be, and on notice of the application being given by the applicant to the holder of the authorization. Contents of order (6) An order may provide for a royalty of a fixed amount or for a royalty to be determined as specified in the order, and the order may be subject to any terms that the Federal Court considers appropriate. Conditions for making of order (7) The Federal Court may make an order only if it is satisfied that the royalty otherwise required to be paid is not adequate remuneration for the use of the invention or inventions to which the authorization relates, taking into account (a) the humanitarian and non-commercial reasons underlying the issuance of the authorization; and (b) the economic value of the use of the invention or inventions to the country or WTO Member. 2004, c. 23, s. 1
Patent Act — P-4 21.09
Duration 21.09 An authorization granted under subsection 21.04(1) is valid for a period of two years beginning on the day on which the authorization is granted. 2004, c. 23, s. 1
Patent Act — P-4 21.1
Use is non-exclusive 21.1 The use of a patented invention under an authorization is non-exclusive. 2004, c. 23, s. 1
Patent Act — P-4 21.11
Authorization is non-transferable 21.11 An authorization is non-transferable, other than where the authorization is an asset of a corporation or enterprise and the part of the corporation or enterprise that enjoys the use of the authorization is sold, assigned or otherwise transferred. 2004, c. 23, s. 1
Patent Act — P-4 21.12
Renewal 21.12 (1) The Commissioner shall, on the application of the person to whom an authorization was granted and on the payment of the prescribed fee, renew the authorization if the person certifies under oath in the renewal application that the quantities of the pharmaceutical product authorized to be exported were not exported before the authorization ceases to be valid and that the person has complied with the terms of the authorization and the requirements of sections 21.06 to 21.08. One renewal (2) An authorization may be renewed only once. When application must be made (3) The application for renewal must be made within the 30 days immediately before the authorization ceases to be valid. Duration (4) An authorization that is renewed is valid for a period of two years beginning on the day immediately following the day of the expiry of the period referred to in section 21.09 in respect of the authorization. Prescribed form (5) Applications for renewal and renewed authorizations issued under subsection (1) must be in the prescribed form. 2004, c. 23, s. 1
Patent Act — P-4 21.13
Termination 21.13 Subject to section 21.14, an authorization ceases to be valid on the earliest of (a) the expiry of the period referred to in section 21.09 in respect of the authorization, or the expiry of the period referred to in subsection 21.12(4) if the authorization has been renewed, as the case may be, (b) the day on which the Commissioner sends, by registered mail, to the holder of the authorization a copy of a notice sent by the Minister of Health notifying the Commissioner that the Minister of Health is of the opinion that the pharmaceutical product referred to in paragraph 21. 04(3)(b) has ceased to meet the requirements of the Food and Drugs Act and its regulations, (c) the day on which the last of the pharmaceutical product authorized by the authorization to be exported is actually exported, (d) thirty days after the day on which (i) the name of the pharmaceutical product authorized to be exported by the authorization is removed from Schedule 1, or (ii) the name of the country or WTO Member to which the pharmaceutical product was, or is to be, exported is removed from Schedule 2, 3 or 4, as the case may be, and not added to any other of those Schedules, and (e) on any other day that is prescribed. 2004, c. 23, s. 1
Patent Act — P-4 21.14
Termination by Federal Court 21.14 On the application of a patentee, and on notice given by the patentee to the person to whom an authorization was granted, the Federal Court may make an order, on any terms that it considers appropriate, terminating the authorization if the patentee establishes that (a) the application for the authorization or any of the documents provided to the Commissioner in relation to the application contained any material information that is inaccurate; (b) the holder of the authorization has failed to establish a website as required by section 21.06, has failed to disclose on that website the information required to be disclosed by that section or has failed to maintain the website as required by that section; (c) the holder of the authorization has failed to provide a notice required to be given under section 21.07; (d) the holder of the authorization has failed to pay, within the required time, any royalty required to be paid as a result of the authorization; (e) the holder of the authorization has failed to comply with subsection 21.16(2); (f) the product exported to the country or WTO Member, as the case may be, under the authorization has been, with the knowledge of the holder of the authorization, re-exported in a manner that is contrary to the General Council Decision; (g) the product was exported, other than in the normal course of transit, to a country or WTO Member other than the country or WTO Member named in the authorization; (h) the product was exported in a quantity greater than the quantity authorized to be manufactured; or (i) if the product was exported to a country that is not a WTO Member, the country has permitted the product to be used for commercial purposes or has failed to adopt the measures referred to in Article 4 of the General Council Decision. 2004, c. 23, s. 1
Patent Act — P-4 21.15
Notice to patentee 21.15 The Commissioner shall, without delay, notify the patentee, or each of the patentees, as the case may be, in writing of any authorization granted in respect of the patentee’s invention. 2004, c. 23, s. 1
Patent Act — P-4 21.16
Obligation to provide copy of agreement 21.16 (1) Within fifteen days after the later of the day on which the authorization was granted and the day on which the agreement for the sale of the product to which the authorization relates was entered into, the holder of an authorization must provide by certified or registered mail, the Commissioner and the patentee, or each patentee, as the case may be, with (a) a copy of the agreement it has reached with the person or entity referred to in paragraph 21.04(2)(f) for the supply of the product authorized to be manufactured and sold, which agreement must incorporate information that is in all material respects identical to the information referred to in paragraphs 21.04(2)(a), (b), (e) and (f); and (b) a solemn or statutory declaration in the prescribed form setting out (i) the total monetary value of the agreement as it relates to the product authorized to be manufactured and sold, expressed in Canadian currency, and (ii) the number of units of the product to be sold under the terms of the agreement. Prohibition (2) The holder of an authorization may not export any product to which the authorization relates until after the holder has complied with subsection (1). 2004, c. 23, s. 1
Patent Act — P-4 (a)
average price means (a) in relation to a product to be manufactured under an authorization, the total monetary value of the agreement under which the product is to be sold, expressed in Canadian currency, divided by the number of units of the product to be sold under the terms of the agreement; and (b) in relation to an equivalent product sold by or with the consent of the patentee, the average of the prices in Canada of that product as those prices are reported in prescribed publications on the day on which the application for the authorization was filed. ( prix moyen )
Patent Act — P-4
direct supply cost , in relation to a product to be manufactured under an authorization, means the cost of the materials and of the labour, and any other manufacturing costs, directly related to the production of the quantity of the product that is to be manufactured under the authorization. ( coût direct de fourniture )
Patent Act — P-4
unit , in relation to any product, means a single tablet, capsule or other individual dosage form of the product, and if applicable, in a particular strength. ( unité )
Patent Act — P-4 21.18
Advisory committee 21.18 (1) The Minister and the Minister of Health shall establish, within three years after the day this section comes into force, an advisory committee to advise them on the recommendations that they may make to the Governor in Council respecting the amendment of Schedule 1. Standing committee (2) The standing committee of each House of Parliament that normally considers matters related to industry shall assess all candidates for appointment to the advisory committee and make recommendations to the Minister and the Minister of Health on the eligibility and qualifications of those candidates. 2004, c. 23, s. 1; 2005, c. 18, s. 1
Patent Act — P-4 21.19
Website for notices to Canada 21.19 The person designated by the Governor in Council for the purpose of this section must maintain a website on which is set out a copy of every notice referred to in subparagraphs 21.04(3)(d)(ii) and (v) that is provided to the Government of Canada through diplomatic channels by a country that is not a WTO Member. The copy must be added to the website as soon as possible after the notice has been provided to the Government of Canada. 2004, c. 23, s. 1
Patent Act — P-4 21.2
Review 21.2 (1) A review of sections 21.01 to 21.19 and their application must be completed by the Minister two years after this section comes into force. Tabling of report (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report has been completed. 2004, c. 23, s. 1
Patent Act — P-4 22
Communication to Canadian Nuclear Safety Commission 22 Any application for a patent for an invention that, in the opinion of the Commissioner, relates to the production, application or use of nuclear energy shall, before it is dealt with by an examiner appointed pursuant to section 6 or is open to inspection by the public under section 10, be communicated by the Commissioner to the Canadian Nuclear Safety Commission. R.S., 1985, c. P-4, s. 22; R.S., 1985, c. 33 (3rd Supp.), s. 5; 1997, c. 9, s. 111
Patent Act — P-4 23
Patented invention in vessels, aircraft, etc., of any country 23 No patent shall extend to prevent the use of any invention in any ship, vessel, aircraft or land vehicle of any country entering Canada temporarily or accidentally, if the invention is employed exclusively for the needs of the ship, vessel, aircraft or land vehicle, and not so used for the manufacture of any goods to be sold within or exported from Canada. R.S., c. P-4, s. 23
Patent Act — P-4 24
24 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 6]
Patent Act — P-4 25
Cost of proceedings before the court 25 In all proceedings before any court under this Act, the costs of the Commissioner are in the discretion of the court, but the Commissioner shall not be ordered to pay the costs of any other of the parties. R.S., c. P-4, s. 25
Patent Act — P-4 26
Annual report 26 The Commissioner shall, in each year, cause to be prepared and laid before each House of Parliament a report of the Commissioner’s activities under this Act. R.S., 1985, c. P-4, s. 26; R.S., 1985, c. 33 (3rd Supp.), s. 7; 2017, c. 6, s. 35
Patent Act — P-4 26.1
26.1 (1) [Repealed, 2015, c. 36, s. 56] Publication and printing of documents (2) The Commissioner may publish any document open to the inspection of the public under section 10 and may print or cause to be printed, for distribution or sale, any such document. R.S., 1985, c. 33 (3rd Supp.), s. 7 2015, c. 36, s. 56
Patent Act — P-4 27
Commissioner may grant patents 27 (1) The Commissioner shall grant a patent for an invention to the inventor or the inventor’s legal representative if an application for the patent in Canada is filed in accordance with this Act and all other requirements for the issuance of a patent under this Act are met. Application requirements (2) The prescribed application fee must be paid and the application must be filed in accordance with the regulations by the inventor or the inventor’s legal representative and the application must contain a petition and a specification of the invention. Specification (3) The specification of an invention must (a) correctly and fully describe the invention and its operation or use as contemplated by the inventor; (b) set out clearly the various steps in a process, or the method of constructing, making, compounding or using a machine, manufacture or composition of matter, in such full, clear, concise and exact terms as to enable any person skilled in the art or science to which it pertains, or with which it is most closely connected, to make, construct, compound or use it; (c) in the case of a machine, explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle; and (d) in the case of a process, explain the necessary sequence, if any, of the various steps, so as to distinguish the invention from other inventions. Claims (4) The specification must end with a claim or claims defining distinctly and in explicit terms the subject-matter of the invention for which an exclusive privilege or property is claimed. Separate claims (5) For greater certainty, if a claim defines the subject-matter of an invention in the alternative, each alternative is a separate claim for the purposes of sections 2, 28.1 to 28.3, 56 and 78.3. Drawings (5.1) In the case of a machine, or in any other case in which an invention admits of illustration by means of drawings, the applicant shall, as part of the application, furnish drawings of the invention that clearly show all parts of the invention. Particulars (5.2) Each drawing is to include references corresponding with the specification. The Commissioner may, as the Commissioner sees fit, require further drawings or dispense with the requirement to furnish any drawing. Requirements not met (6) If, on its filing date, an application does not meet the requirements of subsection (2), other than the payment of the application fee, the Commissioner shall, by notice, require the applicant to meet those requirements on or before the prescribed date. Application fee not paid (7) If, on the filing date of the application, the application fee is not paid, the Commissioner shall, by notice, require the applicant to pay the application fee and the prescribed late fee on or before the prescribed date. What may not be patented (8) No patent shall be granted for any mere scientific principle or abstract theorem. R.S., 1985, c. P-4, s. 27; R.S., 1985, c. 33 (3rd Supp.), s. 8; 1993, c. 15, s. 31, c. 44, s. 192; 2014, c. 39, s. 120; 2018, c. 27, s. 188
Patent Act — P-4 27.01
Reference to previously filed application 27.01 (1) Subject to the prescribed requirements and within the prescribed period, an applicant may submit to the Commissioner a statement to the effect that a reference to a specified previously filed application for a patent is being submitted instead of all or part of the specification contained in or a drawing that is required to be contained in the application. The prescribed period shall not end later than six months after the earliest date on which the Commissioner receives any document or information under subsection 28(1). Specification or drawing deemed in application (2) If the applicant submits the statement within the prescribed period and meets the prescribed requirements, the specification or drawing in the previously filed application is deemed to have been contained in the application on the date on which the Commissioner receives the statement. 2014, c. 39, s. 121
Patent Act — P-4 27.1
Maintenance fees 27.1 (1) To maintain an application for a patent 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 applicant stating that the application will be deemed to be abandoned 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. Patent not invalid (4) A patent shall not be declared invalid by reason only that the application on the basis of which the patent was granted was not maintained in effect. R.S., 1985, c. 33 (3rd Supp.), s. 9; 1993, c. 15, s. 32 2014, c. 39, s. 121
Patent Act — P-4 28
Filing date 28 (1) Subject to subsections 28.01(2) and 36(4), the filing date of an application for a patent in Canada is the date on which the Commissioner receives the prescribed documents and information or, if they are received on different dates, the latest of those dates. Outstanding documents and information (2) The Commissioner shall notify an applicant whose application does not contain all of the documents and information referred to in subsection (1) of the documents and information that are outstanding and require that the applicant submit them within two months after the date of the notice. Application deemed never filed (3) If the Commissioner does not receive the outstanding documents and information within that two-month period, the application is deemed never to have been filed. However, any fees paid in respect of the application shall not be refunded to the applicant. R.S., 1985, c. P-4, s. 28; R.S., 1985, c. 33 (3rd Supp.), s. 10; 1993, c. 15, s. 33 2014, c. 39, s. 121
Patent Act — P-4 28.01
Addition to specification or addition of drawing to application 28.01 (1) Subject to the regulations, an applicant may, within the prescribed period, add to the specification that is contained in their application or add a drawing to their application for a patent by submitting the addition to the Commissioner along with a statement by the applicant indicating that the addition is being made under this section. The prescribed period shall not end later than six months after the earliest date on which the Commissioner receives any document or information under subsection 28(1). Filing date (2) If an applicant submits an addition to the Commissioner under subsection (1) and the addition is not withdrawn within the prescribed period, the filing date of the application is the later of the date on which the Commissioner receives the addition and the filing date referred to in subsection 28(1), unless (a) the applicant has, on the earliest date on which the Commissioner receives any document or information under subsection 28(1), made a request for priority in respect of the application under section 28.4; (b) the addition is completely contained in a previously regularly filed application on which the request for priority is based; (c) the applicant requests, in accordance with the regulations, that the filing date be the filing date referred to in subsection 28(1); and (d) the applicant complies with any prescribed requirements. Addition deemed in application (3) In the circumstances set out in paragraphs (2)(a) to (d), the addition is deemed to have been contained in the application on its filing date for the purposes of subsections 38.2(2) and (3). 2014, c. 39, s. 121