GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Act — P-4 55.01
Limitation 55.01 No remedy may be awarded for an act of infringement committed more than six years before the commencement of the action for infringement. 1993, c. 15, s. 48
Patent Act — P-4 55.1
Burden of proof for patented process 55.1 In an action for infringement of a patent granted for a process for obtaining a new product, any product that is the same as the new product shall, in the absence of proof to the contrary, be considered to have been produced by the patented process. 1993, c. 2, s. 4, c. 44, s. 193
Patent Act — P-4 55.11
nfringing the patent or the certificate. Use of service (6) The use of a service is not an infringement of a patent if the service is provided by a person who, under subsection (2) or (3) or paragraph (4)(b), is able to provide it without infringing the patent. Use of article (7) Subject to subsection (8), the use of an article is not an infringement of a patent or any certificate of supplementary protection that sets out the patent if the article was acquired, directly or indirectly, from a person who, during a period that is established by regulations made under paragraph 12(1)(j.75) that relates to that patent, in good faith, made or sold, or made serious and effective preparations to make or sell, an article that is substantially the same as the one used, for that use. Transfer (8) If the making or selling referred to in subsection (7) was done or the preparations to do so were made in the course of a business and that business, or the part of that business in the course of which the making or selling was done or the preparations were made, is subsequently transferred, then (a) subsection (7) or paragraph (b), as the case may be, does not apply in respect of an article that is made or sold by the transferor after the transfer; and (b) it is not an infringement of a patent or a certificate of supplemental protection referred to in subsection (7) to use an article for the use referred to in that subsection if it was made or sold for that use by the transferee after the transfer. Use of service (9) Subject to subsection (10), the use of a service is not an infringement of a patent if the service is provided by a person who, during a period that is established by regulations made under paragraph 12(1)(j.75) that relates to that patent, provided, or made serious and effective preparations to provide, a service that is substantially the same as the one used, for that use. Transfer (10) If, during the period referred to in subsection (9), the service was provided or the preparations to provide it were made in the course of a business and that business, or the part of that business in the course of which the service was provided or the preparations to do so were made, is subsequently transferred, then, after the transfer (a) the transferor is deemed to no longer be the person referred to in subsection (9) for the purposes of that subsection; and (b) the transferee is deemed to be the person who provided the service for the purposes of subsection (9). 2014, c. 39, s. 136 2015, c. 36, ss. 59, 65(F) 2018, c. 27, s. 207 2023, c. 26, s. 496
Patent Act — P-4 55.3
Exception — experimentation 55.3 (1) An act committed for the purpose of experimentation relating to the subject-matter of a patent is not an infringement of the patent. Regulations (2) The Governor in Council may make regulations respecting (a) factors that the court may consider, must consider or is not permitted to consider in determining whether an act is, or is not, committed for the purpose set out in subsection (1); and (b) circumstances in which an act is, or is not, committed for the purpose set out in subsection (1). 2018, c. 27, s. 193
Patent Act — P-4 56
red to in that subsection was able to make or sell, or to make the preparations to make or sell, the article only because they obtained knowledge of the use defined by the claim, directly or indirectly, from the applicant of the application on the basis of which the patent was granted and they knew that the applicant was the source of the knowledge. Exception — use of service (9) Subject to subsection (10), the use of a service is not an infringement of a patent in respect of a claim if the service is provided by a person who, before the claim date of that claim, in good faith, provided, or made serious and effective preparations to provide, a service that is substantially the same as the one used, for that use. Transfer (10) If the service referred to in subsection (9) was provided or the preparations to provide it were made in the course of a business and that business, or the part of that business in the course of which the service was provided or the preparations to do so were made, is subsequently transferred, then, after the transfer (a) the transferor is deemed to no longer be the person referred to in subsection (9) for the purposes of that subsection; and (b) the transferee is deemed to be the person who provided the service for the purposes of subsection (9). Non-application (11) Subsection (9) does not apply if the person referred to in that subsection was able to provide the service or make the preparations to provide it only because they obtained knowledge of the use defined by the claim, directly or indirectly, from the applicant of the application on the basis of which the patent was granted and they knew that the applicant was the source of the knowledge. R.S., 1985, c. P-4, s. 56; R.S., 1985, c. 33 (3rd Supp.), s. 22; 1993, c. 44, ss. 194, 199; 2018, c. 27, s. 194
Patent Act — P-4 57
Injunction may issue 57 (1) In any action for infringement of a patent, the court, or any judge thereof, may, on the application of the plaintiff or defendant, make such order as the court or judge sees fit, (a) restraining or enjoining the opposite party from further use, manufacture or sale of the subject-matter of the patent, and for his punishment in the event of disobedience of that order, or (b) for and respecting inspection or account, and generally, respecting the proceedings in the action. Appeal (2) An appeal lies from any order made under subsection (1) in the same circumstances and to the same court as from other judgments or orders of the court in which the order is made. R.S., c. P-4, s. 59
Patent Act — P-4 58
Invalid claims not to affect valid claims 58 When, in any action or proceeding respecting a patent that contains two or more claims, one or more of those claims is or are held to be valid but another or others is or are held to be invalid or void, effect shall be given to the patent as if it contained only the valid claim or claims. R.S., c. P-4, s. 60
Patent Act — P-4 59
Defence 59 The defendant, in any action for infringement of a patent may plead as matter of defence any fact or default which by this Act or by law renders the patent void, and the court shall take cognizance of that pleading and of the relevant facts and decide accordingly. R.S., c. P-4, s. 61
Patent Act — P-4 60
Impeachment of patents or claims 60 (1) A patent or any claim in a patent may be declared invalid or void by the Federal Court at the instance of the Attorney General of Canada or at the instance of any interested person. Declaration as to infringement (2) Where any person has reasonable cause to believe that any process used or proposed to be used or any article made, used or sold or proposed to be made, used or sold by him might be alleged by any patentee to constitute an infringement of an exclusive property or privilege granted thereby, he may bring an action in the Federal Court against the patentee for a declaration that the process or article does not or would not constitute an infringement of the exclusive property or privilege. Security for costs (3) With the exception of the Attorney General of Canada or the attorney general of a province, the plaintiff in any action under this section shall, before proceeding therein, give security for the costs of the patentee in such sum as the Federal Court may direct, but a defendant in any action for the infringement of a patent is entitled to obtain a declaration under this section without being required to furnish any security. R.S., c. P-4, s. 62; R.S., c. 10(2nd Supp.), s. 64
Patent Act — P-4 61
61 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 23]
Patent Act — P-4 62
Judgment voiding patent 62 A patent, or part of a patent, 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 section 63. R.S., 1985, c. P-4, s. 62; 1993, c. 15, s. 49; 2017, c. 6, s. 40
Patent Act — P-4 63
Appeal 63 Every judgment voiding in whole or in part or refusing to void in whole or in part any patent is subject to appeal to any court having appellate jurisdiction in other cases decided by the court by which the judgment was rendered. R.S., c. P-4, s. 65
Patent Act — P-4 65
Abuse of rights under patents 65 (1) The Attorney General of Canada or any person interested may, at any time after the expiration of three years from the date of the grant of a patent, apply to the Commissioner alleging in the case of that patent that there has been an abuse of the exclusive rights thereunder and asking for relief under this Act. What amounts to abuse (2) The exclusive rights under a patent shall be deemed to have been abused in any of the following circumstances: (a) and (b) [Repealed, 1993, c. 44, s. 196] (c) if the demand for the patented article in Canada is not being met to an adequate extent and on reasonable terms; (d) if, by reason of the refusal of the patentee 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; (e) if any trade or industry in Canada, or any person or class of persons engaged therein, is unfairly prejudiced by the conditions attached by the patentee, whether before or after the passing of this Act, to the purchase, hire, licence or use of the patented article or to the using or working of the patented process; or (f) if it is shown that the existence of the patent, being a patent for an invention relating to a process involving the use of materials not protected by the patent or for an invention relating to a substance produced by such a process, has been utilized by the patentee so as unfairly to prejudice in Canada the manufacture, use or sale of any materials. (3) and (4) [Repealed, 1993, c. 44, s. 196] Definition of patented article (5) For the purposes of this section, the expression patented article includes articles made by a patented process. R.S., 1985, c. P-4, s. 65; 1993, c. 2, s. 5, c. 15, s. 51, c. 44, s. 196
Patent Act — P-4 68
Contents of applications 68 (1) Every application presented to the Commissioner under section 65 shall (a) set out fully the nature of the applicant’s interest, the facts on which the applicant bases his case and the relief that he seeks; and (b) be accompanied by statutory declarations verifying the applicant’s interest and the facts set out in the application. Service (2) The Commissioner shall consider the matters alleged in the application and declarations referred to in subsection (1) and, if satisfied that the applicant has a bona fide interest and that a case for relief has been made, the Commissioner shall direct the applicant to serve copies of the application and declarations on the patentee and on any other persons appearing from the records of the Patent Office to be interested in the patent, and the applicant shall advertise the application both (a) in the Canada Gazette ; and (b) on the website of the Canadian Intellectual Property Office or in any other prescribed location. R.S., 1985, c. P-4, s. 68; 2015, c. 36, s. 61; 2017, c. 6, s. 42
Patent Act — P-4 69
Opposition and counter statement 69 (1) If the patentee or any person is desirous of opposing the granting of any relief under sections 65 to 70, he shall, within such time as may be prescribed or within such extended time as the Commissioner may on application further allow, deliver to the Commissioner a counter statement verified by a statutory declaration fully setting out the grounds on which the application is to be opposed. Attendance for cross-examination (2) The Commissioner shall consider the counter statement and declaration referred to in subsection (1) and may thereupon dismiss the application if satisfied that the allegations in the application have been adequately answered, unless any of the parties demands a hearing or unless the Commissioner himself appoints a hearing, and in any case the Commissioner may require the attendance before him of any of the declarants to be cross-examined or further examined on matters relevant to the issues raised in the application and counter statement, and he may, subject to due precautions against disclosure of information to rivals in trade, require the production before him of books and documents relating to the matter in issue. Reference to Federal Court (3) In any case where the Commissioner does not dismiss an application as provided in subsection (2), and (a) if the parties interested consent, or (b) if the proceedings require any prolonged examination of documents or any scientific or local investigation that cannot in the opinion of the Commissioner conveniently be made before him, the Commissioner, with the approval in writing of the Minister, may order the whole proceedings or any issue of fact arising thereunder to be referred to the Federal Court, which has jurisdiction in the premises. Idem (4) Where the whole proceedings are referred under subsection (1), the judgment, decision or order of the Federal Court is final, and where a question or issue of fact is referred under that subsection, the Court shall report its findings to the Commissioner. R.S., c. P-4, s. 71; R.S., c. 10(2nd Supp.), s. 64
Patent Act — P-4 70
Licence deemed to be by deed 70 Any order for the grant of a licence under this Act, without prejudice to any other method of enforcement, operates as if it were embodied in a deed granting a licence executed by the patentee and all other necessary parties. R.S., c. P-4, s. 72
Patent Act — P-4 71
Appeal to Federal Court 71 All orders and decisions of the Commissioner under sections 65 to 70 are subject to appeal to the Federal Court, and on any such appeal the Attorney General of Canada or such counsel as he may appoint is entitled to appear and be heard. R.S., c. P-4, s. 73; R.S., c. 10(2nd Supp.), s. 64
Patent Act — P-4 72
72 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 25]
Patent Act — P-4 73
Deemed abandonment of applications 73 (1) An application for a patent in Canada shall be deemed to be abandoned if (a) the applicant does not reply in good faith, within the prescribed time, to any requisition made by an examiner in connection with an examination; (b) the applicant does not comply with a notice given under subsection 27(6); (c) the prescribed fee and late fee referred to in a notice sent under paragraph 27.1(2)(b) 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; (d) the request referred to in a notice sent under paragraph 35(3)(b) is not made and the prescribed fee and late fee referred to in that notice are not paid before the end of two months after the date of the notice; or (e) the request referred to in a notice sent under subsection 35(5) is not made and the prescribed fee referred to in that notice is not paid within the prescribed time. (f) [Repealed, 2015, c. 36, s. 62] Deemed abandonment in prescribed circumstances (2) An application shall also be deemed to be abandoned in any other circumstances that are prescribed. Reinstatement (3) Subject to the regulations, an application that is deemed to be abandoned is reinstated if (a) the applicant, within the prescribed time, (i) makes a request for reinstatement to the Commissioner, (ii) states, in the request, the reasons for the failure to take the action that should have been taken in order to avoid the abandonment, (iii) takes the action that should have been taken in order to avoid the abandonment, and (iv) pays the 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 applicant of this determination. Powers of the Federal Court (3.1) The Federal Court may, by order, declare an application that is reinstated under subsection (3) to never have been reinstated if the Federal Court determines either (a) that the statement of the reasons referred to in subparagraph (3)(a)(ii) contains a material allegation that is untrue, or (b) that, if paragraph (3)(b) applies, the failure referred to in subparagraph (3)(a)(ii) did not occur in spite of the due care required by the circumstances having been taken. (4) [Repealed, 2015, c. 36, s. 62] Filing date (5) An application that is reinstated retains its filing date. R.S., 1985, c. P-4, s. 73; 1993, c. 15, s. 52; 2014, c. 39, s. 137; 2015, c. 3, s. 138(F) 2015, c. 36, s. 62
Patent Act — P-4 73.1
Patent not invalid 73.1 (1) A patent shall not be declared invalid by reason only that the application on the basis of which the patent was granted was deemed to be abandoned and was not reinstated. Exception (2) Subsection (1) does not apply if the Federal Court makes an order under subsection 73(3.1) in respect of the application on the basis of which the patent was granted. 2014, c. 39, s. 138
Patent Act — P-4 74
74 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 26]
Patent Act — P-4 75
Offences 75 (1) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who (a) without the consent of the patentee, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the patentee, the name or any imitation of the name of any patentee for the sole making or selling of that thing; (b) without the consent of the patentee, marks in any way on anything not purchased from the patentee, the words “Patent”, “Letters Patent”, “Queen’s (or King’s) Patent”, “Patented” or any word or words with a similar meaning, with the intent of counterfeiting or imitating the stamp, mark or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the patentee’s consent; or (c) with intent to deceive the public, offers for sale as patented in Canada any article that is neither patented in Canada nor protected by a certificate of supplementary protection in Canada. Certificate of supplementary protection (2) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who (a) during the term of a certificate of supplementary protection, without the consent of the certificate’s holder, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the holder of a certificate of supplementary protection, the name or any imitation of the name of any holder of a certificate of supplementary protection for the sole making or selling of that thing; (b) after a certificate of supplementary protection has been issued and before the end of its term, without the consent of the certificate’s holder, marks in any way on anything not purchased from that holder the words “Certificate of Supplementary Protection”, “Protected by a Certificate of Supplementary Protection” or any words with a similar meaning, with the intent of counterfeiting or imitating that holder’s stamp, mark or device, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with that holder’s consent; or (c) with the intent to deceive the public, offers for sale as protected by a certificate of supplementary protection in Canada any article that (i) is neither patented in Canada nor protected by a certificate of supplementary protection in Canada, or (ii) is patented in Canada but for which no certificate of supplementary protection has been issued. R.S., 1985, c. P-4, s. 75; 2017, c. 6, s. 43
Patent Act — P-4 76
False representations, false entries, etc. 76 Every person who, in relation to the purposes of this Act and knowing it to be false, (a) makes any false representation, (b) makes or causes to be made any false entry in any register or book, (b.1) submits or causes to be submitted, in an electronic form, any false document, false information or document containing false information, (c) makes or causes to be made any false document or alters the form of a copy of any document, or (d) produces or tenders any document containing false information, is guilty of an indictable offence and liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both. R.S., 1985, c. P-4, s. 76; 1993, c. 15, s. 53
Patent Act — P-4 76.1
Offence respecting patented medicines 76.1 (1) Every person who contravenes or fails to comply with section 80, 81, 82 or 88 or any order made thereunder is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both; and (b) in the case of a corporation, to a fine not exceeding twenty-five thousand dollars. Idem (2) Every person who contravenes or fails to comply with section 84 or any order made under section 83 is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both; and (b) in the case of a corporation, to a fine not exceeding one hundred thousand dollars. Limitation period (3) Proceedings for an offence under subsection (1) or (2) may be commenced within, but not later than, two years after the time when the subject-matter of the proceedings arose. Continuing offence (4) Where an offence under subsection (1) or (2) is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued. 1993, c. 2, s. 6
Patent Act — P-4 76.2
Requirements 76.2 (1) Any written demand received by a person in Canada, that relates to an invention that is patented in Canada or elsewhere or that is protected by a certificate of supplementary protection in Canada or by analogous rights granted elsewhere, must comply with the prescribed requirements. Federal Court (2) Any person who receives a written demand that does not comply with the prescribed requirements, and any person who is aggrieved as a result of the receipt by another person of such a written demand, may bring a proceeding in the Federal Court. Relief (3) If the Federal Court is satisfied that the written demand does not comply with the prescribed requirements, it may grant any relief that it considers appropriate, including by way of recovery of damages, punitive damages, an injunction, a declaration or an award of costs. Liability — special case (4) If a corporation sends a written demand that does not comply with the prescribed requirements, is notified of those requirements and of the demand’s defects in respect of those requirements and does not, within a reasonable time after receiving the notice of those defects, remedy them, the corporation’s officers, directors, agents or mandataries are jointly and severally, or solidarily, liable with the corporation if they directed, authorized, assented to, acquiesced in or participated in the sending of the demand. Due diligence (5) A person is not to be found liable under subsection (4) if they establish that they exercised due diligence to ensure that the written demand complies with the prescribed requirements. 2018, c. 27, s. 195