Bill C-86, the Budget Implementation Action 2018, No. 2, which makes changes to several acts including to the Patent Act, became law in Canada after receiving Royal Assent on December 13, 2018.
We highlight the following changes relating to the Patent Act:
- Licensing commitments on Standard Essential patents bind subsequent patent owners (new section 52.1);
- Introduction of “file wrapper estoppel”: prosecution histories may be admissible into evidence to construe patent claims (new section 53.1);
- Experimental use defence has been codified (new section 55.3(1));
- Prior user rights have been expanded (revised section 56);
- The Governor in Council may make regulations concerning the requirements for Written Demands (cease & desist letters). Any written demand received by a person in Canada, that relates to an invention that is patented in Canada or elsewhere or that is protected by a certificate of supplementary protection in Canada or by analogous rights granted elsewhere, must comply with the prescribed requirements (new section 76.2).
For more information, contact Katie Wang.
