Federal Government Can Now Use Patented Inventions for the Purpose of Dealing with COVID-19 Public Health Emergencies

On Tuesday March 24th, the Federal Government tabled and passed Bill C-13, An Act respecting certain measures in response to COVID-19. Part 12 of the legislation makes amendments to Section 19 of the Patent Act to allow ease of government use of patented inventions for the purposes of dealing with COVID-19 public health emergencies.

Here is an excerpt from the Bill:

Part 12 amends the Patent Act to, among other things, provide that the Commissioner must, on the application of the Minister of Health, 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 a public health emergency that is a matter of national concern.

This means that between now and Sept 30, 2020, the Government of Canada (or agents thereof) has the right to use Canadians' patents for a health emergency by paying a royalty decided by the Commissioner of Patents.

To read Bill C-13 in full, please click here.