Laws and Regulations under TRIPS Art. 63.2 - View details of the document

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Main information

IP/N/1/CAN/26, IP/N/1/CAN/P/16

1. Notifying Member

Canada

2. Subject matter

3. Notification status

4. Title of law or regulation

Patent Act

5. Nature of notification

6. Brief description

The consolidated version of the Patent Act incorporates amendments made by Bill C-86 which • Provide a regulation-making authority for the establishment of requirements for written demands relating to patents; • Codify the research exemption in Canadian law, which specifies that an act committed for the purpose of experimentation relating to the subject matter of a patent is not an infringement of the patent; • Specify that licensing commitments that bind the owner of a standard essential patent bind any subsequent owners; • Expand the rights of a person in respect of a claim in a patent who meets the requirements to be considered a prior user; • Ensure that patent prosecution histories may be admissible into evidence for certain purposes; and • Clarify when a late fee must be paid in respect of divisional applications as well as when the confidentiality period begins in the case where a request for priority is deemed never to have been made.

7. Date of entry into force

8. Other date

9. Other information (if applicable)

IP/N/1/CAN/P/15 (Bill C-86 amends the Patent Act) Bill C-86 (see Subdivision A of Division 7 of Part 4): https://www.parl.ca/DocumentViewer/en/42-1/bill/C-86/royal-assent Patent Act (as amended) : https://laws-lois.justice.gc.ca/eng/acts/p-4/FullText.html

10. Contact information of agency or authority responsible

Innovation, Science and Economic Development Canada Patent Policy Directorate 235 Queen Street Ottawa, Ontario K1A 0H5 Canada Telephone: 343-291-3783

11. Link to Legal text

12. Notes

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