On March 25, 2020, Bill C-13, An Act respecting certain measures in response to COVID-19 (the Act) received royal assent. The Act amends the Patent Act to allow authorized use of a patented invention in response to a public health emergency that is a matter of national concern.
The amendments permit the Minister of Health to apply to the Patent Office for authorization to make, construct, use and sell a patented invention for the purposes of responding to a public health emergency. The Minister of Health’s application must include a confirmation from the Chief Public Health Officer that there is a public health emergency that is a matter of national concern.
The patentee must be notified by the Patent Office of any authorization that is granted, and may oppose the authorization by application to the Federal Court. The amendments also state that the patentee is entitled to “adequate remuneration”, which will be determined by “the economic value of the authorization and the extent to which they make, construct, use and sell the patented invention.”
Lastly, any authorization is limited to the current coronavirus outbreak, as the amendments include a provision which states that no authorization shall be granted after September 30, 2020.
Summary By: Michelle Noonan
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