The Federal Government’s COVID-19 Emergency Response
Act contains certain amendments to the
Patent Act that permit the Federal Government authorize
anyone to “make, construct, use and sell a patented invention
to the extent necessary to respond to the public health
emergency”. The government tabled and passed this Bill
and it received Royal Assent on March 25, 2020.
This allows the Government to authorize the manufacture of
patented medical devices – really, it applies broadly to any
patented device, not just medical devices. Any patented
article that is covered by the application could be manufactured
without infringing the patent rights.
The provision contemplates a type of license payment by the
Government to the patent holder, which would be a dollar amount
“that the Commissioner considers to be adequate remuneration
in the circumstances, taking into account the economic value of the
authorization and the extent to which they make, construct, use and
sell
