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ARTICLE · 03 APRIL 2020

COVID-19 Emergency Response Act: Amendments To The Patent Act

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After lengthy deliberations, the Federal Government has passed an aid bill in response to the COVID-19 pandemic (COVID-19 Emergency Response Act).

CanadaCoronavirus (COVID-19)
Jennifer Wilkie
Jennifer Wilkie
Marc Richard
Marc Richard
Jay Zakaib
Jay Zakaib
Jenny Thistle
Jenny Thistle
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After lengthy deliberations, the Federal Government has passed an aid bill in response to the COVID-19 pandemic (COVID-19 Emergency Response Act). The legislation received royal assent at roughly 1:30 p.m. on March 25.

The new legislation introduces significant amendments to the Patent Act (the "Act"). Specifically, section 19 of the Act ("Use of Patents by Government") is amended by adding the new section 19.4 that says, upon Application of the Minister of Health, the Commissioner of Patents shall authorize the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention to the extent necessary to respond to the public health emergency described in the application.

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