An Act to amend the Patent Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2001_10/FullText.html

An Act to amend the Patent Act

S.C. 2001, c. 10

Assented to 2001-06-14

An Act to amend the Patent Act

SUMMARY

This enactment amends the Patent Act as a result of the rulings of the Dispute Settlement Body of the World Trade Organization in Canada — Patent Protection of Pharmaceutical Products WT/DS114, a case brought by the European Communities and their member States and decided on April 7, 2000, and in Canada — Term of Patent Protection WT/DS170, a case brought by the United States and decided on October 12, 2000.

The ruling in the Pharmaceutical Products case was implemented by the repeal of the Manufacturing and Storage of Patented Medicines Regulations, SOR/93-134. This enactment repeals the now obsolete provisions of the Act which authorized the making of those regulations. The implementation of the ruling in the Term of Protection case requires amendments to sections 45, 78.1, 78.2, 78.4 and 78.5 of the Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. P-4 PATENT ACT

Marginal note:1993, c. 15, s. 42

1. Section 45 of the Patent Act is replaced by the following:

Marginal note:Term of patents based on applications filed before October 1, 1989

45. (1) Subject to section 46, where an application for a patent is filed under this Act before October 1, 1989, the term limited for the duration of the patent is seventeen years from the date on which the patent is issued.

Marginal note:Term from date of issue or filing

(2) Where the term limited for the duration of a patent referred to in subsection (1) had not expired before the day on which this section came into force, the term is seventeen years from the date on which the patent is issued or twenty years from the filing date, whichever term expires later.

Marginal note:1993, c. 2, s. 4

2. (1) Subsections 55.2(2) and (3) of the Act are repealed.

Marginal note:1993, c. 2, s. 4

(2) The portion of subsection 55.2(4) of the Act before paragraph (a) is replaced by the following:

Marginal note:Regulations

(4) The Governor in Council may make such regulations as the Governor in Council considers necessary for preventing the infringement of a patent by any person who makes, constructs, uses or sells a patented invention in accordance with subsection (1), including, without limiting the generality of the foregoing, regulations

Marginal note:1993, c. 15, s. 55

3. Sections 78.1 and 78.2 of the Act are replaced by the following:

Marginal note:Patent applications filed before October 1, 1989

78.1 Applications for patents in Canada filed before October 1, 1989 shall be dealt with and disposed of in accordance with section 38.1 and with the provisions of this Act as they read immediately before October 1, 1989.

Marginal note:Patents issued before October 1, 1989

78.2 (1) Subject to subsection (3), any matter arising on or after October 1, 1989 in respect of a patent issued before that date shall be dealt with and disposed of in accordance with sections 38.1 and 45 and with the provisions of this Act, other than section 46, as they read immediately before October 1, 1989.

Marginal note:Patents issued on or after October 1, 1989 on the basis of previously filed applications

(2) Subject to subsection (3), any matter arising on or after October 1, 1989 in respect of a patent issued on or after that date on the basis of an application filed before that date shall be dealt with and disposed of in accordance with sections 38.1, 45, 46 and 48.1 to 48.5 and with the provisions of this Act, other than section 46, as they read immediately before October 1, 1989.

Marginal note:Application

(3) The provisions of this Act that apply as provided in subsections (1) and (2) shall be read subject to any amendments to this Act, other than the amendments that came into force on October 1, 1989 or October 1, 1996.

Marginal note:1993, c. 15, s. 55

4. Sections 78.4 and 78.5 of the Act are replaced by the following:

Marginal note:Patent applications filed on or after October 1, 1989

78.4 Applications for patents in Canada filed on or after October 1, 1989, but before October 1, 1996, shall be dealt with and disposed of in accordance with subsection 27(2) as it read immediately before October 1, 1996 and with the provisions of this Act as they read on October 1, 1996.

Marginal note:Patents issued on or after October 1, 1989

78.5 Any matter arising in respect of a patent issued on the basis of an application filed on or after October 1, 1989, but before October 1, 1996, shall be dealt with and disposed of in accordance with the provisions of this Act and with subsection 27(2) as it read immediately before October 1, 1996.

COMING INTO FORCE

Marginal note:Coming into force

5. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
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