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Patent Act

Version of section 45 from 2002-12-31 to 2024-12-31:


Marginal note:Term of patents based on applications filed before October 1, 1989

  •  (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.

  • Marginal note:Term from date of issue or filing

    (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.

  • R.S., 1985, c. P-4, s. 45
  • R.S., 1985, c. 33 (3rd Supp.), s. 16
  • 1993, c. 15, s. 42
  • 2001, c. 10, s. 1

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