Patent Rules (SOR/96-423)

Regulations are current to 2017-07-03 and last amended on 2014-05-01. Previous Versions

Patent Rules

SOR/96-423

PATENT ACT

Registration 1996-08-28

Rules Respecting the Patent Act

P.C. 1996-1350  1996-08-28

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry and the Treasury Board, pursuant to sections 10 and 12Footnote a, subsections 20(18), 27(2) and 28(1), sections 35, 46 and 48 and subsections 73(1) and (2) of the Patent Act as it read immediately before October 1, 1989, and sections 8.1Footnote b, 10Footnote c and 12Footnote d, subsection 27(2)Footnote e, section 27.1Footnote f, subsections 28(1), 28.4(2) and (3)Footnote g, 35(1)Footnote h and 38.1(1)Footnote i, sections 46Footnote j and 48Footnote k and subsections 73(1) and (2)Footnote l of the Patent Act, hereby makes the annexed Rules respecting the Patent Act.

Short Title

 These Rules may be cited as the Patent Rules.

Interpretation

 In these Rules,

Act

Act means the Patent Act; (Loi)

amino acid sequence

amino acid sequence has the same meaning as in the PCT sequence listing standard; (séquence d’acides aminés)

amino acids

amino acids[Repealed, SOR/2007-90, s. 1]

application

application means, except as otherwise provided by these Rules, an application for a patent, but does not include an application for the reissue of a patent; (demande)

associate patent agent

associate patent agent means a patent agent appointed by another patent agent in accordance with section 21; (coagent)

authorized correspondent

authorized correspondent means, in respect of an application,

  • (a) where the application was filed by the inventor, where no transfer of the inventor’s right to the patent or of the whole interest in the invention has been registered in the Patent Office and where no patent agent has been appointed

    • (i) the sole inventor,

    • (ii) one of two or more joint inventors authorized by all such inventors to act on their joint behalf, or

    • (iii) where there are two or more joint inventors and no inventor has been authorized in accordance with subparagraph (ii), the first inventor named in the petition or, in the case of PCT national phase applications, the first inventor named in the international application,

  • (b) where an associate patent agent has been appointed or is required to be appointed pursuant to section 21, the associate patent agent, or

  • (c) where paragraphs (a) and (b) do not apply, a patent agent appointed pursuant to section 20; (correspondant autorisé)

Budapest Treaty

Budapest Treaty means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, to which Canada is a party; (Traité de Budapest)

Canadian Patent Office Record

Canadian Patent Office Record means the Canadian Patent Office Record referred to in subsection 78(3) of the Act; (Gazette du Bureau des brevets)

claims

claims means claims referred to in subsection 27(4) of the Act or in subsection 34(2) of the Act as it read immediately before October 1, 1989; (revendications)

description

description means the part of a specification other than the claims; (description)

divisional application

divisional application means an application filed in accordance with subsection 36(2) or (2.1) of the Act; (demande complémentaire)

international application

international application means an application filed under the Patent Cooperation Treaty; (demande internationale)

international depositary authority

international depositary authority means an international depositary authority within the meaning of Article 2(viii) of the Budapest Treaty; (autorité de dépôt internationale)

nucleotide sequence

nucleotide sequence has the same meaning as in the PCT sequence listing standard; (séquence de nucléotides)

nucleotides

nucleotides[Repealed, SOR/2007-90, s. 1]

patent agent

patent agent means any person or firm whose name is entered on the register of patent agents pursuant to section 15; (agent de brevets)

Patent Cooperation Treaty

Patent Cooperation Treaty means the Patent Cooperation Treaty, done at Washington on June 19, 1970, including any amendments, modifications and revisions made from time to time to which Canada is a party; (Traité de coopération en matière de brevets)

Patent Office

Patent Office means the Patent Office established by section 3 of the Act; (Bureau des brevets)

PCT national phase application

PCT national phase application means an international application in respect of which the applicant has complied with the requirements of subsection 58(1) and, where applicable, subsection 58(2); (demande PCT à la phase nationale)

PCT sequence listing standard

PCT sequence listing standard means the Standard for the Presentation of Nucleotide and Amino Acid Sequence Listings in International Patent Applications under the PCT provided for in the Administrative Instructions under the Patent Cooperation Treaty; (Norme PCT de listages des séquences)

period of grace

period of grace means a period of grace within the meaning of Article 5bis(1) of the Paris Convention for the Protection of Industrial Property, made on March 20, 1883 and any amendments and revisions to which Canada is a party. (délai de grâce)

petition

petition means a petition referred to in section 27 of the Act; (pétition)

Regulations under the Budapest Treaty

Regulations under the Budapest Treaty means the Regulations under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure; (Règlement d’exécution du Traité de Budapest)

Regulations under the PCT

Regulations under the PCT means the Regulations under the Patent Cooperation Treaty; (Règlement d’exécution du PCT)

sequence listing

sequence listing has the same meaning as in the PCT sequence listing standard; (listage des séquences)

small entity

small entity[Repealed, SOR/2007-90, s. 1]

specification

specification means a specification of an invention in accordance with subsections 27(3) and (4) of the Act; (mémoire descriptif)

the Act as it read immediately before October 1, 1989

the Act as it read immediately before October 1, 1989 means the provisions of the Patent Act as it read immediately before October 1, 1989 subject, where applicable, to any amendments to the Patent Act coming into force

  • (a) after October 1, 1989 and before October 1, 1996, or

  • (b) after October 1, 1996; (Loi dans sa version antérieure au 1er octobre 1989)

transfer

transfer means a change in ownership of a patent, of an application or of an interest in an invention and includes an assignment. (transfert)

  • SOR/99-291, s. 1;
  • SOR/2003-208, s. 1;
  • SOR/2007-90, s. 1;
  • SOR/2009-319, s. 1.

PART IRules of General Application

Fees

  •  (1) If a person takes any proceeding or requests that any service be rendered by the Commissioner or by the Patent Office, the person shall pay to the Commissioner the appropriate fee, if any, set out in Schedule II for that proceeding or service.

  • (2) The appropriate fee on filing an application under subsection 27(2) of the Act is

    • (a) if a small entity declaration is filed in accordance with section 3.01, the small entity fee set out in item 1 of Schedule II; and

    • (b) in any other case, the standard fee set out in that item.

  • (3) The appropriate fee on requesting examination of an application under subsection 35(1) of the Act is

    • (a) if before the expiry of the applicable time prescribed by section 96 a small entity declaration is filed in respect of the application in accordance with section 3.01, the applicable small entity fee set out in item 3 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • (4) In respect of a final fee under subsection 30(1), (5), (6.2) or (6.3), the appropriate basic fee is

    • (a) if before the expiry of the time prescribed by subsection 30(1), (5), (6.2) or (6.3) a small entity declaration is filed in respect of the application in accordance with section 3.01, the applicable small entity fee set out in item 6 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • (5) The appropriate basic national fee under paragraph 58(1)(c) is

    • (a) if before the expiry of the time prescribed by subsection 58(3) a small entity declaration is filed in accordance with section 3.01, the small entity fee set out in item 10 of Schedule II; and

    • (b) in any other case, the standard fee set out in that item.

  • (6) The appropriate fee on requesting re-examination of a claim or claims in a patent under subsection 48.1(1) of the Act is

    • (a) the small entity fee set out in item 14 of Schedule II if

      • (i) the person requesting re-examination is the patentee and a small entity declaration is filed in respect of the patent, or the application on which the patent is based, in accordance with section 3.01, or

      • (ii) the person requesting re-examination is not the patentee and they file a small entity declaration in accordance with section 3.02; and

    • (b) in any other case, the standard fee set out in that item.

  • (7) In respect of a fee to maintain in effect under sections 99 and 154 an application filed on or after October 1, 1989, the appropriate fee is

    • (a) if before the expiry of the time prescribed for payment of the fee a small entity declaration is filed in accordance with section 3.01, the applicable small entity fee set out in item 30 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • (8) In respect of a fee to maintain under sections 100, 101, 155 and 156 the rights accorded by a patent issued on the basis of an application filed on or after October 1, 1989, the appropriate fee is

    • (a) if before the expiry of the time prescribed for payment of the fee a small entity declaration is filed in accordance with section 3.01, the applicable small entity fee set out in item 31 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • (9) In respect of a fee to maintain under subsections 182(1) and (3) the rights accorded by a patent issued on or after October 1, 1989 on the basis of an application filed before that date, the appropriate fee is

    • (a) if before the expiry of the time prescribed for payment of the fee a small entity declaration is filed in accordance with section 3.01, the applicable small entity fee set out in item 32 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • SOR/2007-90, s. 2;
  • SOR/2013-212, s. 1.
 
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