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INTELLECTUAL PROPERTY RIGHTS
NATIONAL LEGISLATION - CANADA
Patent Act -- CHAPTER P-4
An Act respecting patents of invention
1. This Act may be cited as the Patent Act.
R.S., c. P-4, s. 1.
2. In this Act, except as otherwise provided,
applicant includes an inventor and the legal representatives of an
claim date Version anglaise seulement
claim date means the date of a claim in an application for a patent in
Commissioner means the Commissioner of Patents;
country « pays »
country includes a Member of the World Trade Organization, as defined in
filing date « date de dépôt »
filing date means, in relation to an application for a patent in Canada,
invention means any new and useful art, process, machine, manufacture or
legal representatives «représentants légaux»
legal representatives includes heirs, executors, administrators,
Minister means the Minister of Industry or such other member of the
patent means letters patent for an invention;
patentee «breveté» ou «titulaire d'un brevet»
patentee means the person for the time being entitled to the benefit of
predecessor in title « prédécesseur en droit »
predecessor in title includes any person through whom an applicant for a
prescribed means prescribed by rules or regulations of the Governor in
prescribed fee [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 1]
priority date [Repealed, 1993, c. 15, s. 26]
regulation and rule «règlement» et «règle»
regulation and rule include rule, regulation and form;
request for priority « demande de priorité »
request for priority means a request under section 28.4.
work on a commercial scale [Repealed, 1993, c. 44, s. 189]
R.S., 1985, c. P-4, s. 2; R.S., 1985, c. 33 (3rd Supp.), s. 1; 1992, c.
Binding on Her Majesty
2.1 This Act is binding on Her Majesty in right of Canada or a province.
1993, c. 44, s. 190.
3. There shall be attached to the Department of Industry, or to such
R.S., 1985, c. P-4, s. 3; 1992, c. 1, s. 145(F); 1995, c. 1, s. 63.
Commissioner of Patents
4. (1) The Governor in Council may appoint a Commissioner of Patents who
Duties of Commissioner
(2) The Commissioner shall receive all applications, fees, papers,
Tenure of office and salary
(3) The Commissioner holds office during pleasure and shall be paid such
(4) The Commissioner may, after consultation with the Minister, delegate
(5) Any decision under this Act of a person authorized to make the
R.S., c. P-4, s. 4; 1984, c. 40, s. 57.
5. (1) An Assistant Commissioner of Patents may be appointed in the
Absence or inability to act
(2) When the Commissioner is absent or unable to act, the Assistant
R.S., c. P-4, s. 5.
6. There may be appointed in the manner authorized by law such principal
R.S., c. P-4, s. 6.
Officers of Patent Office not to deal in patents
7. (1) No officer or employee of the Patent Office shall buy, sell,
(2) Subsection (1) does not apply to a sale by an original inventor or
R.S., c. P-4, s. 7.
8. Clerical errors in any instrument of record in the Patent Office do
R.S., 1985, c. P-4, s. 8; 1993, c. 15, s. 27.
Electronic or other submission of documents, information or fees
8.1 (1) Subject to the regulations, any document, information or fee
Time of receipt
(2) For the purposes of this Act, any document, information or fee
1993, c. 15, s. 27.
Storage of documents or information in electronic or other form
8.2 Subject to the regulations, any document or information received by
1993, c. 15, s. 27.
Destroyed or lost patents
9. If any patent is destroyed or lost, a certified copy may be issued in
R.S., c. P-4, s. 9.
Inspection by the public
10. (1) Subject to subsections (2) to (6) and section 20, all patents,
(2) Except with the approval of the applicant, an application for a
patent, or a
Beginning of confidentiality period
(3) The confidentiality period begins on the filing date of the
Withdrawal of request
(4) Where a request for priority is withdrawn on or before the
(5) An application shall not be open to public inspection if it is
(6) A prescribed date referred to in subsection (4) or (5) must be no
R.S., 1985, c. P-4, s. 10; R.S., 1985, c. 33 (3rd Supp.), s. 2; 1993, c.
Patents issued out of Canada
11. Notwithstanding the exception in section 10, the Commissioner, on
R.S., c. P-4, s. 11.
Rules and regulations
12. (1) The Governor in Council may make rules or regulations
(a) respecting the form and contents of applications for patents;
(b) respecting the form of the Register of Patents and of the indexes thereto;
(c) respecting the registration of assignments, transmissions,
(d) respecting the form and contents of any certificate issued pursuant
(e) prescribing the fees or the manner of determining the fees that may
(f) prescribing the fees or the manner of determining the fees that
(g) respecting the payment of any prescribed fees including the time
(h) for carrying into effect the terms of any treaty, convention,
(i) for carrying into effect, notwithstanding anything in this Act, the
(j) respecting the entry on, the maintenance of and the removal from the
(j.1) respecting the submission of documents, information or fees under
(i) the documents, information or fees that may be submitted in
(ii) the persons or classes of persons by whom they may be submitted, and
(iii) the time at which they are deemed to be received by the Commissioner;
(j.2) respecting the entering or recording of any document or
(j.3) prescribing the manner in which an application for a patent may be
(j.4) respecting requests for priority, including
(i) the period within which priority must be requested,
(ii) the manner in which and period within which the Commissioner must
(iii) the documentation that must be filed in support of requests for
(iv) the withdrawal of requests for priority;
(j.5) respecting the time within which requests for examination must be
(j.6) respecting the deposit of biological material for the purposes of
(j.7) respecting the manner in which amendments may be made to
(j.8) authorizing the Commissioner to extend, subject to any prescribed
(k) prescribing any other matter that by any provision of this Act is to
(l) generally, for carrying into effect the objects and purposes of this
(2) Any rule or regulation made by the Governor in Council has the same
R.S., 1985, c. P-4, s. 12; R.S., 1985, c. 33 (3rd Supp.), s. 3; 1993, c.
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