Bill C-29

53-54 ELIZABETH II

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CHAPTER 18

An Act to amend the Patent Act

[Assented to 5th May, 2005]

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

PATENT ACT

1. Subsection 21.18(2) of the Patent Act, as enacted by section 1 of chapter 23 of the Statutes of Canada, 2004, is replaced by the following:

(2) The standing committee of each House of Parliament that normally considers matters related to industry shall assess all candidates for appointment to the advisory committee and make recommendations to the Minister and the Minister of Health on the eligibility and qualifications of those candidates.

2. The Act is amended by adding the following after section 78.5:

78.6 (1) If, before the day on which this section comes into force, a person has paid a prescribed fee applicable to a small entity, within the meaning of the Patent Rules as they read at the time of payment, but should have paid the prescribed fee applicable to an entity other than a small entity and a payment equivalent to the difference between the two amounts is submitted to the Commissioner in accordance with subsection (2) either before or no later than twelve months after that day, the payment is deemed to have been paid on the day on which the prescribed fee was paid, regardless of whether an action or other proceeding relating to the patent or patent application in respect of which the fee was payable has been commenced or decided.

(2) Any person who submits a payment to the Commissioner in accordance with subsection (1) is required to provide information with respect to the service or proceeding in respect of which the fee was paid and the patent or application in respect of which the fee was paid.

(3) A payment submitted in accordance with subsection (1) shall not be refunded.

(4) No action or proceeding for any compensation or damages lies against Her Majesty in right of Canada in respect of any direct or indirect consequence resulting from the application of this section.

(5) For greater certainty, this section also applies to applications for patents mentioned in sections 78.1 and 78.4.

2.1 The Act is amended by adding, after section 103, Schedules 1 to 4 set out in An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa), being chapter 23 of the Statutes of Canada, 2004.

COMING INTO FORCE

3. (1) Sections 1 and 2.1 come into force on the day on which An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa), being chapter 23 of the Statutes of Canada, 2004, comes into force.

(2) Section 2 comes into force on a day to be fixed by order of the Governor in Council.