On October 29, 2018, the federal government introduced the
884-page omnibus Budget Implementation Act, 2018, No. 2,
as Bill C-86. The bill received Royal Assent on December 13, 2018,
with very few amendments and after very little debate. In addition
to all of the budget measures, this act also made substantial
amendments to IP law in Canada. This bulletin will briefly
summarize the major changes to the Patent Act.
Standard-Essential Patents
Bill C-86 adds two new sections to the Patent Act with
regard to Standard-Essential Patents (SEPs). SEPs are typically
directed towards technology that needs to comply with industry
standards, such as Wi-Fi, USB ports and Bluetooth. Under new
section 52.1, licensing commitments relating to SEPs will be
binding on subsequent patentees. However, the new amendments do not
specifically define what does or does not constitute an SEP or a
licencing commitment. Section 52.2 puts these definitions to the
Governor in Council to set out
