Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-10-15 and last amended on 2013-06-26. Previous Versions

IMPROVEMENTS

Marginal note:Improvements

 Any person who has invented any improvement on any patented invention may obtain a patent for the improvement, but he does not thereby obtain the right of making, vending or using the original invention, nor does the patent for the original invention confer the right of making, vending or using the patented improvement.

  • R.S., c. P-4, s. 34.

 [Repealed, 1993, c. 15, s. 36]

FILING OF PRIOR ART

Marginal note:Filing
  •  (1) Any person may file with the Commissioner prior art, consisting of patents, applications for patents open to public inspection and printed publications, that the person believes has a bearing on the patentability of any claim in an application for a patent.

  • Marginal note:Pertinency

    (2) A person who files prior art with the Commissioner under subsection (1) shall explain the pertinency of the prior art.

  • R.S., 1985, c. 33 (3rd Supp.), s. 11;
  • 1993, c. 15, s. 37.

EXAMINATION

Marginal note:Request for examination
  •  (1) The Commissioner shall, on the request of any person made in such manner as may be prescribed and on payment of a prescribed fee, cause an application for a patent to be examined by competent examiners to be employed in the Patent Office for that purpose.

  • Marginal note:Required examination

    (2) The Commissioner may by notice require an applicant for a patent to make a request for examination pursuant to subsection (1) or to pay the prescribed fee within the time specified in the notice, but the specified time may not exceed the time provided by the regulations for making the request and paying the fee.

  • (3) and (4) [Repealed, 1993, c. 15, s. 38]

  • R.S., 1985, c. P-4, s. 35;
  • R.S., 1985, c. 33 (3rd Supp.), s. 12;
  • 1993, c. 15, s. 38.

DIVISIONAL APPLICATIONS

Marginal note:Patent for one invention only
  •  (1) A patent shall be granted for one invention only but in an action or other proceeding a patent shall not be deemed to be invalid by reason only that it has been granted for more than one invention.

  • Marginal note:Limitation of claims by applicant

    (2) Where an application (the “original application”) describes more than one invention, the applicant may limit the claims to one invention only, and any other invention disclosed may be made the subject of a divisional application, if the divisional application is filed before the issue of a patent on the original application.

  • Marginal note:Limitation of claims on direction of Commissioner

    (2.1) Where an application (the “original application”) describes and claims more than one invention, the applicant shall, on the direction of the Commissioner, limit the claims to one invention only, and any other invention disclosed may be made the subject of a divisional application, if the divisional application is filed before the issue of a patent on the original application.

  • Marginal note:Original application abandoned

    (3) If an original application mentioned in subsection (2) or (2.1) becomes abandoned, the time for filing a divisional application terminates with the expiration of the time for reinstating the original application under this Act.

  • Marginal note:Separate applications

    (4) A divisional application shall be deemed to be a separate and distinct application under this Act, to which its provisions apply as fully as may be, and separate fees shall be paid on the divisional application and it shall have the same filing date as the original application.

  • R.S., 1985, c. P-4, s. 36;
  • 1993, c. 15, s. 39.