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Patent Act (R.S.C., 1985, c. P-4)(Canada)
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Patent Act (R.S.C., 1985, c. P-4)
- SHORT TITLE
- INTERPRETATION
- HER MAJESTY
- PATENT OFFICE AND OFFICERS
- Patent Office
- Commissioner of Patents
- Duties of Commissioner
- Tenure of office and salary
- Delegation
- Appeal
- Assistant Commissioner
- Absence or inability to act
- Staff
- Officers of Patent Office not to deal in patents
- Restriction
- Clerical errors
- Electronic or other submission of documents, information or fees
- Time of receipt
- Storage of documents or information in electronic or other form
- Destroyed or lost patents
- Inspection by the public
- Confidentiality period
- Beginning of confidentiality period
- Withdrawal of request
- Withdrawn applications
- Prescribed date
- Patents issued out of Canada
- RULES AND REGULATIONS
- SEAL
- PROOF OF PATENTS
- PATENT AGENTS
- APPEALS
- USE OF PATENTS BY GOVERNMENT
- GOVERNMENT OWNED PATENTS
- Assignment to Minister of National Defence
- Idem
- Inventor entitled to compensation
- Proceedings before Federal Court
- Vesting on assignment
- Person making assignment and person having knowledge thereof
- Minister may submit application for patent
- Secret application
- Custody of secret application
- Delivery of secret application
- Delivery to Minister
- Revocation
- Prohibition of publication and inspection
- Waiver by Minister
- Rights protected
- Communication to Minister
- Order to keep non-assigned application secret
- Rules
- Agreement between Canada and other government
- USE OF PATENTS FOR INTERNATIONAL HUMANITARIAN PURPOSES TO ADDRESS PUBLIC HEALTH PROBLEMS
- Purpose
- Definitions
- Amending Schedules
- Restriction - Schedule 3
- Removal from Schedules 2 to 4
- Timeliness of orders
- Authorization
- Contents of application
- Conditions for granting of authorization
- Form and content of authorization
- Quantity
- Disclosure of information on website
- Obligation to maintain
- Links to other websites
- Posting on the website
- Export notice
- Royalty
- Factors to consider when making regulations
- Time for payment
- Federal Court may determine royalty
- Application and notice
- Contents of order
- Conditions for making of order
- Duration
- Use is non-exclusive
- Authorization is non-transferable
- Renewal
- One renewal
- When application must be made
- Duration
- Prescribed form
- Termination
- Termination by Federal Court
- Notice to patentee
- Obligation to provide copy of agreement
- Prohibition
- Application when agreement is commercial in nature
- Factors for determining whether agreement is commercial in nature
- Order
- Additional order
- Restriction
- Definitions
- Advisory committee
- Standing committee
- Website for notices to Canada
- Review
- Tabling of report
- PATENTS RELATING TO NUCLEAR ENERGY
- GENERAL
- APPLICATION FOR PATENTS
- Commissioner may grant patents
- Application requirements
- Specification
- Claims
- Alternative definition of subject-matter
- When application to be completed
- Specified period
- What may not be patented
- Maintenance fees
- Filing date
- Deemed date of receipt of fees
- Claim date
- Claims based on previously regularly filed applications
- Subject-matter of claim must not be previously disclosed
- Withdrawal of application
- Invention must not be obvious
- Request for priority
- Requirements governing request
- Withdrawal of request
- Multiple previously regularly filed applications
- Withdrawal, etc., of previously regularly filed applications
- Non-resident applicants
- Nominee deemed representative
- New representatives
- Where no new appointment is made or no new address supplied
- When fee payable
- JOINT APPLICATIONS
- IMPROVEMENTS
- FILING OF PRIOR ART
- EXAMINATION
- DIVISIONAL APPLICATIONS
- DRAWINGS, MODELS AND BIOLOGICAL MATERIALS
- AMENDMENTS TO SPECIFICATIONS AND DRAWINGS
- REFUSAL OF PATENTS
- GRANT OF PATENTS
- FORM AND TERM OF PATENTS
- REISSUE OF PATENTS
- DISCLAIMERS
- RE-EXAMINATION
- Request for re-examination
- Pertinency of request
- Notice to patentee
- Establishment of re-examination board
- Determination to be made by board
- Notice
- Idem
- Filing of reply
- Re-examination proceeding
- Patentee may submit amendments
- Time limitation
- Certificate of board
- Certificate attached to patent
- Effect of certificate
- Appeals
- Appeals
- Limitation
- ASSIGNMENTS AND DEVOLUTIONS
- LEGAL PROCEEDINGS IN RESPECT OF PATENTS
- INFRINGEMENT
- Jurisdiction of courts
- Jurisdiction of Federal Court
- Liability for patent infringement
- Liability damage before patent is granted
- Patentee to be a party
- Deemed action for infringement
- Limitation
- Burden of proof for patented process
- Exception
- Regulations
- Inconsistency or conflict
- For greater certainty
- Patent not to affect previous purchaser
- Non-application
- Special case
- Idem
- Injunction may issue
- Appeal
- Invalid claims not to affect valid claims
- Defence
- IMPEACHMENT
- JUDGMENTS
- CONDITIONS
- 64.
- Abuse of rights under patents
- What amounts to abuse
- Definition of “patented article”
- Powers of Commissioner in cases of abuse
- Proceedings to prevent infringement
- Service on patentee
- Considerations by which Commissioner to be guided
- Contents of applications
- Service
- Opposition and counter statement
- Attendance for cross-examination
- Reference to Federal Court
- Idem
- Licence deemed to be by deed
- Appeal to Federal Court
- ABANDONMENT AND REINSTATEMENT OF APPLICATIONS
- OFFENCES AND PUNISHMENT
- MISCELLANEOUS MATTERS
- TRANSITIONAL PROVISIONS
- Patent applications filed before October 1, 1989
- Patents issued before October 1, 1989
- Patents issued on or after October 1, 1989 on the basis of previously filed applications
- Application
- Previous version of section 43 applies
- Exception
- Patent applications filed on or after October 1, 1989
- Patents issued on or after October 1, 1989
- Payment of prescribed fees
- Information to be provided
- No refund
- Action and proceedings barred
- Application
- PATENTED MEDICINES
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