- CHAPTER P-4
- SHORT TITLE
- INTERPRETATION
- HER MAJESTY
- PATENT OFFICE AND OFFICERS
- RULES AND REGULATIONS
- SEAL
- PROOF OF PATENTS
- PATENT AGENTS
- APPEALS
- USE OF PATENTS BY GOVERNMENT
- GOVERNMENT OWNED PATENTS
- PATENTS RELATING TO ATOMIC ENERGY
- GENERAL
- APPLICATION FOR PATENTS
- JOINT APPLICATIONS
- IMPROVEMENTS
- SPECIFICATIONS AND CLAIMS
- FILING OF PRIOR ART
- EXAMINATION
- DIVISIONAL APPLICATIONS
- DRAWINGS AND MODELS
- REFUSAL OF PATENTS
- GRANT OF PATENTS
- FORM AND TERM OF PATENTS
- REISSUE OF PATENTS
- DISCLAIMERS
- RE-EXAMINATION
- ASSIGNMENTS AND DEVOLUTIONS
- LEGAL PROCEEDINGS IN RESPECT OF PATENTS
- INFRINGEMENT
- IMPEACHMENT
- JUDGMENTS
- CONDITIONS
- FORFEITURE AND RESTORATION OF APPLICATIONS
- OFFENCES AND PUNISHMENT
- MISCELLANEOUS MATTERS
- PATENTED MEDICINES
- RELATED PROVISIONS
- AMENDMENTS NOT IN FORCE
- DRAWINGS, MODELS AND BIOLOGICAL MATERIALS
- AMENDMENTS TO SPECIFICATIONS AND DRAWINGS
- ABANDONMENT AND REINSTATEMENT OF APPLICATIONS
- TRANSITIONAL PROVISIONS
- AN ACT TO AMEND THE PATENT ACT AND TO PROVIDE FOR CERTAIN MATTERS IN RELATION THERETO
Patent Act
CHAPTER P-4
An Act respecting patents of invention
SHORT TITLE
1 Short title
1. This Act may be cited as the Patent Act.
R.S., c. P-4, s. 1.
INTERPRETATION
2 Definitions
2. In this Act, except as otherwise provided,
2 “applicant” « demandeur »
“applicant” includes an inventor and the legal representatives of an applicant or inventor;
2 “Commissioner” « commissaire »
“Commissioner” means the Commissioner of Patents;
2 “country” « pays »
“country” includes a Member of the World Trade Organization, as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act;
2 “invention” « invention »
“invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter;
2 “legal representatives” « représentants légaux »
“legal representatives” includes heirs, executors, administrators, guardians, curators, tutors, assigns and all other persons claiming through or under applicants for patents and patentees of inventions;
2 “Minister” « ministre »
“Minister” means the Minister of Industry or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;
2 “patent” « brevet »
“patent” means letters patent for an invention;
2 “patentee” « breveté » ou « titulaire d’un brevet »
“patentee” means the person for the time being entitled to the benefit of a patent;
2 “prescribed” « réglementaire »
“prescribed” means prescribed by rules or regulations of the Governor in Council and, in the case of a fee, includes a fee determined in the manner prescribed;
“prescribed fee” [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 1]
2 “priority date” « date de priorité »
“priority date” means the date that, with respect to an application for a patent to which section 28 applies, is the date on which an application for a patent describing the same invention was first filed in the other country referred to in that section;
“regulation” and “rule” « règlement » et « règle »
“regulation” and “rule” include rule, regulation and form.
“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. 1, s. 145(F); 1993, c. 2, s. 2, c. 44,
s. 189; 1994, c. 47, s. 141; 1995, c. 1, s. 62.
HER MAJESTY
2.1 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.
PATENT OFFICE AND OFFICERS
3 Patent Office
3. There shall be attached to the Department of Industry, or to such other department of the Government of Canada as may be determined by the Governor in Council, an office called the Patent Office.
R.S., 1985, c. P-4, s. 3; 1992, c. 1, s. 145(F); 1995, c. 1, s. 63.
4(1) 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.
4(2) Duties of Commissioner
(2) The Commissioner shall receive all applications, fees, papers, documents and models for patents, shall perform and do all acts and things requisite for the granting and issuing of patents of invention, shall have the charge and custody of the books, records, papers, models, machines 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.
4(3) 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.
4(4) 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.
4(5) 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., c. P-4, s. 4; 1984, c. 40, s. 57.
5(1) 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.
5(2) Absence or inability to act
(2) When the Commissioner is absent or unable to act, the Assistant Commissioner, or, if he also is at the same time absent or unable to act, another officer designated by the Minister, may exercise the powers and shall perform the duties of the Commissioner.
R.S., c. P-4, s. 5.
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.
7(1) Officers of Patent Office not to deal in patents
7.–
(1) No officer or employee of the Patent Office shall buy, sell, acquire or traffic in any invention, patent or right to a patent, or any interest therein, and every purchase, sale, assignment, acquisition or transfer of any invention, patent or right to a patent, or any interest therein, made by or to any officer or employee is void.
7(2) 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., c. P-4, s. 7.
8 Clerical errors
8. Clerical errors in any instrument of record in the Patent Office shall not be construed as invalidating the instrument, but, when discovered, they may be corrected by certificate under the authority of the Commissioner.
R.S., c. P-4, s. 8.
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.
10(1) Inspection by the public
10.–
(1) Subject to subsections (2) and (3) and section 20, all applications for patents and documents filed in connection with applications for patents and all patents and documents filed in connection with patents shall be open to the inspection of the public at the Patent Office, under such conditions as may be prescribed.
10(2) Exception
(2) Except with the approval of the applicant, no application for a patent or document filed in connection with an application for a patent shall be open to the inspection of the public before the expiration of eighteen months after - (a)
- the priority date of the application, in the case of an application to which section 28 applies; or
- (b)
- the date of filing of the application in Canada, in any other case.
10(3) Idem
(3) No application for a patent that is withdrawn before the expiration of the period referred to in subsection (2) that is applicable with respect to the application shall be open to the inspection of the public.
R.S., 1985, c. P-4, s. 10; R.S., 1985, c. 33 (3rd Supp.), s. 2.
11 Patents issued out of Canada
11. Notwithstanding the exception in section 10, the Commissioner, on the request of any person who states in writing the name of the inventor, if available, the title of the invention and the number and date of a patent said to have been granted in a named country other than Canada, and who pays or tenders the prescribed fee, shall inform that person whether an application for a patent of the same invention is or is not pending in Canada.
R.S., c. P-4, s. 11.
RULES AND REGULATIONS
12(1) 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, disclaimers, judgments or other documents relating to any patent;
- (d)
- respecting the form and contents of any certificate issued pursuant to this Act;
- (e)
- prescribing the fees or the manner of determining the fees that may be charged in respect of the filing of applications for patents or the taking of other proceedings under this Act or under any rule or regulation made pursuant to this Act, or in respect of any services or the use of any facilities provided thereunder by the Commissioner or any person employed in the Patent Office;
- (f)
- prescribing the fees or the manner of determining the fees that shall be paid to maintain in effect an application for a patent or to maintain the rights accorded by a patent;
- (g)
- respecting the payment of any prescribed fees including the time when and the manner in which such fees shall be paid, the additional fees that may be charged for the late payment of such fees and the circumstances in which any fees previously paid may be refunded in whole or in part;
- (h)
- for carrying into effect the terms of any treaty, convention, arrangement or engagement that subsists between Canada and any other country;
- (i)
- notwithstanding anything in this Act, for carrying into effect the terms of the Patent Cooperation Treaty done at Washington on June 19, 1970;
- (j)
- respecting the entry on, the maintenance of and the removal from the register of patent agents of the names of persons and firms, including the qualifications that must be met and the conditions that must be fulfilled by a person or firm before the name of the person or firm is entered thereon and to maintain the name of the person or firm on the register;
- (k)
- prescribing any other matter that by any provision of this Act is to be prescribed; and
- (l)
- generally, for carrying into effect the objects and purposes of this Act or for ensuring the due administration thereof by the Commissioner and other officers and employees of the Patent Office.
12(2) Effect
(2) Any rule or regulation made by the Governor in Council has the same force and effect as if it had been enacted herein.
R.S., 1985, c. P-4, s. 12; R.S., 1985, c. 33 (3rd Supp.), s. 3.
SEAL
13(1) 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.
13(2) 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.
PROOF OF PATENTS
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 AGENTS
15 Register of patent agents
15. A register of patent agents shall be kept in the Patent Office on which shall be entered the names of all persons and firms entitled to represent applicants in the presentation and prosecution of applications for patents or in other business before the Patent Office.
CHAPTER P-4
An Act respecting patents of invention
SHORT TITLE
1 Short title
1. This Act may be cited as the Patent Act.
R.S., c. P-4, s. 1.
INTERPRETATION
2 Definitions
2. In this Act, except as otherwise provided,
2 “applicant” « demandeur »
“applicant” includes an inventor and the legal representatives of an applicant or inventor;
2 “Commissioner” « commissaire »
“Commissioner” means the Commissioner of Patents;
2 “country” « pays »
“country” includes a Member of the World Trade Organization, as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act;
2 “invention” « invention »
“invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter;
2 “legal representatives” « représentants légaux »
“legal representatives” includes heirs, executors, administrators, guardians, curators, tutors, assigns and all other persons claiming through or under applicants for patents and patentees of inventions;
2 “Minister” « ministre »
“Minister” means the Minister of Industry or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;
2 “patent” « brevet »
“patent” means letters patent for an invention;
2 “patentee” « breveté » ou « titulaire d’un brevet »
“patentee” means the person for the time being entitled to the benefit of a patent;
2 “prescribed” « réglementaire »
“prescribed” means prescribed by rules or regulations of the Governor in Council and, in the case of a fee, includes a fee determined in the manner prescribed;
“prescribed fee” [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 1]
2 “priority date” « date de priorité »
“priority date” means the date that, with respect to an application for a patent to which section 28 applies, is the date on which an application for a patent describing the same invention was first filed in the other country referred to in that section;
“regulation” and “rule” « règlement » et « règle »
“regulation” and “rule” include rule, regulation and form.
“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. 1, s. 145(F); 1993, c. 2, s. 2, c. 44,
s. 189; 1994, c. 47, s. 141; 1995, c. 1, s. 62.
HER MAJESTY
2.1 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.
PATENT OFFICE AND OFFICERS
3 Patent Office
3. There shall be attached to the Department of Industry, or to such other department of the Government of Canada as may be determined by the Governor in Council, an office called the Patent Office.
R.S., 1985, c. P-4, s. 3; 1992, c. 1, s. 145(F); 1995, c. 1, s. 63.
4(1) 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.
4(2) Duties of Commissioner
(2) The Commissioner shall receive all applications, fees, papers, documents and models for patents, shall perform and do all acts and things requisite for the granting and issuing of patents of invention, shall have the charge and custody of the books, records, papers, models, machines 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.
4(3) 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.
4(4) 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.
4(5) 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., c. P-4, s. 4; 1984, c. 40, s. 57.
5(1) 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.
5(2) Absence or inability to act
(2) When the Commissioner is absent or unable to act, the Assistant Commissioner, or, if he also is at the same time absent or unable to act, another officer designated by the Minister, may exercise the powers and shall perform the duties of the Commissioner.
R.S., c. P-4, s. 5.
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.
7(1) Officers of Patent Office not to deal in patents
7.–
(1) No officer or employee of the Patent Office shall buy, sell, acquire or traffic in any invention, patent or right to a patent, or any interest therein, and every purchase, sale, assignment, acquisition or transfer of any invention, patent or right to a patent, or any interest therein, made by or to any officer or employee is void.
7(2) 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., c. P-4, s. 7.
8 Clerical errors
8. Clerical errors in any instrument of record in the Patent Office shall not be construed as invalidating the instrument, but, when discovered, they may be corrected by certificate under the authority of the Commissioner.
R.S., c. P-4, s. 8.
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.
10(1) Inspection by the public
10.–
(1) Subject to subsections (2) and (3) and section 20, all applications for patents and documents filed in connection with applications for patents and all patents and documents filed in connection with patents shall be open to the inspection of the public at the Patent Office, under such conditions as may be prescribed.
10(2) Exception
(2) Except with the approval of the applicant, no application for a patent or document filed in connection with an application for a patent shall be open to the inspection of the public before the expiration of eighteen months after - (a)
- the priority date of the application, in the case of an application to which section 28 applies; or
- (b)
- the date of filing of the application in Canada, in any other case.
10(3) Idem
(3) No application for a patent that is withdrawn before the expiration of the period referred to in subsection (2) that is applicable with respect to the application shall be open to the inspection of the public.
R.S., 1985, c. P-4, s. 10; R.S., 1985, c. 33 (3rd Supp.), s. 2.
11 Patents issued out of Canada
11. Notwithstanding the exception in section 10, the Commissioner, on the request of any person who states in writing the name of the inventor, if available, the title of the invention and the number and date of a patent said to have been granted in a named country other than Canada, and who pays or tenders the prescribed fee, shall inform that person whether an application for a patent of the same invention is or is not pending in Canada.
R.S., c. P-4, s. 11.
RULES AND REGULATIONS
12(1) 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, disclaimers, judgments or other documents relating to any patent;
- (d)
- respecting the form and contents of any certificate issued pursuant to this Act;
- (e)
- prescribing the fees or the manner of determining the fees that may be charged in respect of the filing of applications for patents or the taking of other proceedings under this Act or under any rule or regulation made pursuant to this Act, or in respect of any services or the use of any facilities provided thereunder by the Commissioner or any person employed in the Patent Office;
- (f)
- prescribing the fees or the manner of determining the fees that shall be paid to maintain in effect an application for a patent or to maintain the rights accorded by a patent;
- (g)
- respecting the payment of any prescribed fees including the time when and the manner in which such fees shall be paid, the additional fees that may be charged for the late payment of such fees and the circumstances in which any fees previously paid may be refunded in whole or in part;
- (h)
- for carrying into effect the terms of any treaty, convention, arrangement or engagement that subsists between Canada and any other country;
- (i)
- notwithstanding anything in this Act, for carrying into effect the terms of the Patent Cooperation Treaty done at Washington on June 19, 1970;
- (j)
- respecting the entry on, the maintenance of and the removal from the register of patent agents of the names of persons and firms, including the qualifications that must be met and the conditions that must be fulfilled by a person or firm before the name of the person or firm is entered thereon and to maintain the name of the person or firm on the register;
- (k)
- prescribing any other matter that by any provision of this Act is to be prescribed; and
- (l)
- generally, for carrying into effect the objects and purposes of this Act or for ensuring the due administration thereof by the Commissioner and other officers and employees of the Patent Office.
12(2) Effect
(2) Any rule or regulation made by the Governor in Council has the same force and effect as if it had been enacted herein.
R.S., 1985, c. P-4, s. 12; R.S., 1985, c. 33 (3rd Supp.), s. 3.
SEAL
13(1) 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.
13(2) 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.
PROOF OF PATENTS
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 AGENTS
15 Register of patent agents
15. A register of patent agents shall be kept in the Patent Office on which shall be entered the names of all persons and firms entitled to represent applicants in the presentation and prosecution of applications for patents or in other business before the Patent Office.
SHORT TITLE
1 Short title
1. This Act may be cited as the Patent Act.
R.S., c. P-4, s. 1.
2 Definitions
2. In this Act, except as otherwise provided,
2 “applicant” « demandeur »
“applicant” includes an inventor and the legal representatives of an applicant or inventor;
2 “Commissioner” « commissaire »
“Commissioner” means the Commissioner of Patents;
2 “country” « pays »
“country” includes a Member of the World Trade Organization, as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act;
2 “invention” « invention »
“invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter;
2 “legal representatives” « représentants légaux »
“legal representatives” includes heirs, executors, administrators, guardians, curators, tutors, assigns and all other persons claiming through or under applicants for patents and patentees of inventions;
2 “Minister” « ministre »
“Minister” means the Minister of Industry or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;
2 “patent” « brevet »
“patent” means letters patent for an invention;
2 “patentee” « breveté » ou « titulaire d’un brevet »
“patentee” means the person for the time being entitled to the benefit of a patent;
2 “prescribed” « réglementaire »
“prescribed” means prescribed by rules or regulations of the Governor in Council and, in the case of a fee, includes a fee determined in the manner prescribed;
“prescribed fee” [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 1]
2 “priority date” « date de priorité »
“priority date” means the date that, with respect to an application for a patent to which section 28 applies, is the date on which an application for a patent describing the same invention was first filed in the other country referred to in that section;
“regulation” and “rule” « règlement » et « règle »
“regulation” and “rule” include rule, regulation and form.
“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. 1, s. 145(F); 1993, c. 2, s. 2, c. 44,
s. 189; 1994, c. 47, s. 141; 1995, c. 1, s. 62.
2.1 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 Patent Office
3. There shall be attached to the Department of Industry, or to such other department of the Government of Canada as may be determined by the Governor in Council, an office called the Patent Office.
R.S., 1985, c. P-4, s. 3; 1992, c. 1, s. 145(F); 1995, c. 1, s. 63.
4(1) 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.
4(2) Duties of Commissioner
(2) The Commissioner shall receive all applications, fees, papers, documents and models for patents, shall perform and do all acts and things requisite for the granting and issuing of patents of invention, shall have the charge and custody of the books, records, papers, models, machines 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.
4(3) 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.
4(4) 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.
4(5) 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., c. P-4, s. 4; 1984, c. 40, s. 57.
5(1) 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.
5(2) Absence or inability to act
(2) When the Commissioner is absent or unable to act, the Assistant Commissioner, or, if he also is at the same time absent or unable to act, another officer designated by the Minister, may exercise the powers and shall perform the duties of the Commissioner.
R.S., c. P-4, s. 5.
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.
7(1) Officers of Patent Office not to deal in patents
7.–
(1) No officer or employee of the Patent Office shall buy, sell, acquire or traffic in any invention, patent or right to a patent, or any interest therein, and every purchase, sale, assignment, acquisition or transfer of any invention, patent or right to a patent, or any interest therein, made by or to any officer or employee is void.
7(2) 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., c. P-4, s. 7.
8 Clerical errors
8. Clerical errors in any instrument of record in the Patent Office shall not be construed as invalidating the instrument, but, when discovered, they may be corrected by certificate under the authority of the Commissioner.
R.S., c. P-4, s. 8.
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.
10(1) Inspection by the public
10.–
(1) Subject to subsections (2) and (3) and section 20, all applications for patents and documents filed in connection with applications for patents and all patents and documents filed in connection with patents shall be open to the inspection of the public at the Patent Office, under such conditions as may be prescribed.
10(2) Exception
(2) Except with the approval of the applicant, no application for a patent or document filed in connection with an application for a patent shall be open to the inspection of the public before the expiration of eighteen months after 10(3) Idem
(3) No application for a patent that is withdrawn before the expiration of the period referred to in subsection (2) that is applicable with respect to the application shall be open to the inspection of the public.
R.S., 1985, c. P-4, s. 10; R.S., 1985, c. 33 (3rd Supp.), s. 2.
11 Patents issued out of Canada
11. Notwithstanding the exception in section 10, the Commissioner, on the request of any person who states in writing the name of the inventor, if available, the title of the invention and the number and date of a patent said to have been granted in a named country other than Canada, and who pays or tenders the prescribed fee, shall inform that person whether an application for a patent of the same invention is or is not pending in Canada.
R.S., c. P-4, s. 11.
RULES AND REGULATIONS
12(1) Rules and regulations
12.–
(1) The Governor in Council may make rules or regulations 12(2) Effect
(2) Any rule or regulation made by the Governor in Council has the same force and effect as if it had been enacted herein.
R.S., 1985, c. P-4, s. 12; R.S., 1985, c. 33 (3rd Supp.), s. 3.
13(1) 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.
13(2) 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.
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.
15 Register of patent agents
15. A register of patent agents shall be kept in the Patent Office on which shall be entered the names of all persons and firms entitled to represent applicants in the presentation and prosecution of applications for patents or in other business before the Patent Office.
INTERPRETATION
HER MAJESTY
PATENT OFFICE AND OFFICERS
SEAL
PROOF OF PATENTS
PATENT AGENTS