Administering procedures in cases of alleged abuse of patents

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When it is alleged that a patentee has abused its patent rights as set out in section 65 of the Patent Act, an interested person may apply to the Commissioner of Patents and ask for relief. In such cases, the patentee is given the opportunity to oppose the application for relief by filing a counter statement. A hearing may be requested by any of the parties or the Commissioner may require a hearing. The Commissioner may also refer the proceedings to the Federal Court with the consent of the interested parties, or if prolonged examination is required that cannot be completed before him. In the latter case, Ministerial approval is required.

The Patent Appeal Board has the responsibility for administering the procedures leading to a hearing and rendering a decision whereby the Commissioner may grant a compulsory licence in an appropriate case. In exceptional circumstances, the Commissioner can order that a patent be revoked.

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