A Quick Copy from the Patent Act 1985 (Canada)It's all in a...

A Quick Copy from the Patent Act 1985 (Canada)

It's all in a different format to the Australian Databases and it's the first time I've tried to have a look. There are a few Case Law avenue's I wouldn't mind going down before I say any more. But for now, here's a quick cut and paste.

Notes on Patents – Patent Act 1985 (Canada)

s 55.

55(1) Liability for patent infringement
A person who infringes a patent is liable to the patentee and to all persons claiming under the patentee for all damage sustained by the patentee or by any such person, after the grant of the patent, by reason of the infringement.

55(2) Liability damage before patent is granted
A person is liable to pay reasonable compensation to a patentee and to all persons claiming under the patentee for any damage sustained by the patentee or by any of those persons by reason of any act on the part of that person, after the application for the patent became open to public inspection under section 10 and before the grant of the patent, that would have constituted an infringement of the patent if the patent had been granted on the day the application became open to public inspection under that section.

Proposed Amendment — 55(2)

55(2) Liability damage before patent is granted
A person is liable to pay reasonable compensation to a patentee and to all persons claiming under the patentee for any damage sustained by the patentee or by any of those persons by reason of any act on the part of that person, after the specification contained in the application for the patent became open to public inspection, in English or French, under section 10 and before the grant of the patent, that would have constituted an infringement of the patent if the patent had been granted on the day the specification became open to public inspection, in English or French, under that section.

2014, c. 39, s. 135 [To come into force October 30, 2019.]

55(3) Patentee to be party
Unless otherwise expressly provided, the patentee shall be or be made a party to any proceeding under subsection (1) or (2).

55(4) Deemed action for infringement
For the purposes of this section and sections 54 and 55.01 to 59, any proceeding under subsection (2) is deemed to be an action for the infringement of a patent and the act on which that proceeding is based is deemed to be an act of infringement of the patent.

Amendment History
1993, c. 15, s. 48

Currency
Federal English Statutes reflect amendments current to September 4, 2019

Federal English Regulations are current to Gazette Vol. 153:13 (June 26, 2019)