Use of Patents by Government

Government May Apply to Use Patented Invention

19.-(1) Subject to section 19.1, the Commissioner may, on application by the Government of Canada or the government of a province, authorize the use of a patented invention by that government.

Terms of Use

(2) Subject to section 19.1, the use of the patented invention may be authorized for such purpose, for such period and on such other terms as the Commissioner considers expedient but the Commissioner shall settle those terms in accordance with the following principles:

(a) the scope and duration of the use shall be limited to the purpose for which the use is authorized;

(b) the use authorized shall be non-exclusive; and

(c) any use shall be authorized predominantly to supply the domestic market.

Notice

(3) The Commissioner shall notify the patentee of any use of the patented invention that is authorized under this section.

Payment of Remuneration

(4) Where the use of the patented invention is authorized, the authorized user shall pay to the patentee such amount as the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization.

Termination of Authorization

(5) The Commissioner may, on application by the patentee and after giving all concerned parties an opportunity to be heard, terminate the authorization if the Commissioner is satisfied that the circumstances that led to the granting of the authorization have ceased to exist and are unlikely to recur, subject to such conditions as the Commissioner deems appropriate to protect the legitimate interests of the authorized user .

Authorization Not Transferable

(6) An authorization granted under this section is not transferable.

R.S., 1985, c. P-4, s. 19; 1993, c. 44, s. 191. Conditions for Authorizing Use

19.1-(1) The Commissioner may not authorize the use of a patented invention under section 19 unless the applicant establishes that

(a) it has made efforts to obtain from the patentee on reasonable commercial terms and conditions the authority to use the patented invention; and

(b) it efforts have not been successful within a reasonable period.

Exception

(2) Subsection (1) does not apply in cases of national emergency or extreme urgency or where the use for which the authorization is sought is a public non-commercial use.

Prescribed Uses

(3) The Commissioner may not, under section 19, authorize any use that is a prescribed use unless the proposed user complies with the prescribed conditions.

Limitation on Use of Semi-Conductor Technology

(4) The Commissioner may not, under section 19, authorize any use of semi-conductor technology other than a public non-commercial use.

Appeal

19.2 Any decision made by the Commissioner under

section 19 or 19.1 is subject to appeal to the Federal Court.

1993, c. 44, s. 191.

Commissioner May Grant Patents

27.-(8) No patent shall be granted for any mere scientific principle or abstract theorem.

R.S., 1985, c. P-4, s. 27; R.S., 1985, c. 33 (3rd Supp.), s.8; 1993, c. 15, s. 31, c. 44, s. 192