Bill S-17
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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Senate of Canada
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BILL S-17 |
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An Act to amend the Patent Act
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| R.S., c. P-4
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PATENT ACT |
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| 1993, c. 15,
s. 42
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1. Section 45 of the Patent Act is replaced
by the following:
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| Term of
patents based
on
applications
filed before
October 1,
1989
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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.
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| Term from
date of issue
or filing
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(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.
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| 1993, c. 2, s. 4
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2. (1) Subsections 55.2(2) and (3) of the
Act are repealed.
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| 1993, c. 2, s. 4
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(2) The portion of subsection 55.2(4) of
the Act before paragraph (a) is replaced by
the following:
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| Regulations
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(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
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| 1993, c. 15,
s. 55
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3. Sections 78.1 and 78.2 of the Act are
replaced by the following:
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| Patent
applications
filed before
October 1,
1989
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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 .
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| Patents issued
before
October 1,
1989
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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 .
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| Patents issued
on or after
October 1,
1989 on the
basis of
previously
filed
applications
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(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 .
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| Application
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(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.
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| 1993, c. 15,
s. 55
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4. Sections 78.4 and 78.5 of the Act are
replaced by the following:
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| Patent
applications
filed on or
after October
1, 1989
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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 .
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| Patents issued
on or after
October 1,
1989
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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 .
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COMING INTO FORCE |
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| Coming into
force
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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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