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Bill C-361

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-361

An Act to amend the Patent Act (life of patents pertaining to medicine)

R.S., c. P-4; R.S., c. 33 (3rd Supp.); 1992, c. 1; 1993, cc. 2, 15, 44; 1994, cc. 26, 47; 1995, c. 1; 1996, c. 8; 1997, c. 9

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

1. Section 44 of the Patent Act is renumbered as subsection 44(1) and is amended by adding the following:

Exception: patents re medicine

(2) Notwithstanding subsection (1), the term limited for the duration of a patent for an invention pertaining to medicine within the meaning of subsection 79(2), for which the application is filed under this Act

    (a) during 1998, is nineteen years from the filing date;

    (b) during 1999, is eighteen years from the filing date;

    (c) during 2000, is seventeen years from the filing date;

    (d) during 2001, is sixteen years from the filing date; and

    (e) on or after January 1, 2002, is fifteen years from the filing date.