Patent Rules (SOR/96-423)

Regulations are current to 2017-09-27 and last amended on 2017-09-21. Previous Versions

Effect of Withdrawals on Public Inspection

 For the purposes of subsection 10(4) of the Act, where a request for priority with respect to a particular previously regularly filed application is withdrawn in accordance with section 90, the prescribed date is the date on which a period of sixteen months after the filing date of that previously regularly filed application expires, or, where the Commissioner is able to stop technical preparations to open the application to public inspection at a subsequent date preceding the expiry of the confidentiality period referred to in subsection 10(2) of the Act, that subsequent date.

 For the purposes of subsection 10(5) of the Act, the prescribed date is the day that is two months before the date of expiry of the confidentiality period referred to in subsection 10(2) of the Act or, if the Commissioner is able to stop technical preparations to open the application to public inspection at a subsequent date before the expiry of the confidentiality period, that subsequent date.

  • SOR/2009-319, s. 10.

 [Repealed, SOR/2009-319, s. 11]

Completing the Application

  •  (1) If on the expiry of the applicable time prescribed under subsection (2) or (3) an application does not comply with the applicable requirements set out in subsection (2) or (3), the Commissioner shall, by notice to the applicant, requisition the applicant to comply with those requirements, and to pay the fee set out in item 2 of Schedule II, before the expiry of the later of the 3-month period after the date of the notice and the 12-month period after the filing date of the application.

  • (2) In respect of an application other than a PCT national phase application, for the purposes of subsection (1),

    • (a) the time is the 15-month period after the filing date of the application or, if a request for priority has been made in respect of the application, the 15-month period after the earliest filing date of any previously regularly filed application on which the request for priority is based; and

    • (b) the requirements are that

      • (i) the abstract, the description, the claims and the drawings comply with sections 68 to 70, and

      • (ii) the application contain the information and documents listed below:

        • (A) a petition complying with section 77,

        • (B) [Repealed, SOR/2009-319, s. 12]

        • (C) an abstract,

        • (D) a sequence listing complying with subsection 111(1) if a sequence listing is required by that subsection,

        • (E) a claim or claims,

        • (F) any drawing referred to in the description,

        • (G) an appointment of a patent agent if required by section 20, and

        • (H) an appointment of an associate patent agent if required by section 21.

        • (I) [Repealed, SOR/2017-167, s. 2]

  • (3) In respect of a PCT national phase application, for the purposes of subsection (1),

    • (a) the time is the 3-month period after the applicant complies with the requirements of subsection 58(1) and if applicable, subsection 58(2); and

    • (b) the requirements are that the application contain the information or documents listed below:

      • (i) and (ii) [Repealed, SOR/2009-319, s. 13]

      • (iii) a sequence listing complying with subsection 111(1) if a sequence listing is required by that subsection,

      • (iv) an appointment of a patent agent if required by section 20, and

      • (v) an appointment of an associate patent agent if required by section 21.

      • (vi) [Repealed, SOR/2017-167, s. 2]

  • (4) Subsection 26(1) does not apply in respect of the times set out in subsections (2) and (3).

  • SOR/2007-90, s. 22;
  • SOR/2009-319, ss. 12, 13;
  • SOR/2017-167, s. 2.

Requests for Examination

 For the purposes of subsection 35(1) of the Act, a request for examination of an application shall contain the following information:

  • (a) the name and address of the person making the request;

  • (b) if the person making the request is not the applicant, the name of the applicant; and

  • (c) information, such as the application number, sufficient to identify the application.

  •  (1) Subject to subsection (2), for the purposes of paragraph 73(1)(d) of the Act, a request for the examination of an application shall be made and the fee set out in item 3 of Schedule II shall be paid before the expiry of the five-year period after the filing date of the application.

  • (2) A request for the examination of a divisional application shall be made and the fee set out in item 3 of Schedule II shall be paid before the expiry of the later of

    • (a) the five-year period after the filing date of the original application; and

    • (b) the six-month period after the date on which the divisional application is actually filed in accordance with subsection 36(2) or (2.1) of the Act.

  • (3) Subsection 26(1) does not apply in respect of the times prescribed in subsections (1) and (2).

  • SOR/2007-90, s. 38.

Abandonment and Reinstatement

 For the purposes of subsection 73(2) of the Act, an application is deemed to be abandoned if the applicant does not reply in good faith to any requisition of the Commissioner referred to in section 23, 25, 37 or 94 within the time provided in that section.

  • SOR/99-291, s. 10;
  • SOR/2009-319, s. 14.
  •  (1) For an application deemed to be abandoned under section 73 of the Act to be reinstated, the applicant shall, in respect of each failure to take an action referred to in subsection 73(1) of the Act or section 97, make a request for reinstatement to the Commissioner, take the action that should have been taken in order to avoid the abandonment and pay the fee set out in item 7 of Schedule II, before the expiry of the 12-month period after the date on which the application is deemed to be abandoned as a result of that failure.

  • (2) For the purposes of subsection (1), if an application is deemed to be abandoned for failure to pay a fee referred to in subsection 3(3), (4) or (7), for the applicant to take the action that should have been taken in order to avoid the abandonment, the applicant shall, before the expiry of the time prescribed by subsection (1), either

    • (a) pay the applicable standard fee, or

    • (b) file a small entity declaration in respect of the application in accordance with section 3.01 and pay the applicable small entity fee.

  • SOR/2007-90, s. 23.

Maintenance Fees

  •  (1) For the purposes of subsection 27.1(1) and paragraph 73(1)(c) of the Act, to maintain an application in effect, the applicable fee set out in item 30 of Schedule II shall be paid in respect of the periods set out in that item before the expiry of the times provided in that item.

  • (2) Where a divisional application is filed, any fee set out in item 30 of Schedule II, that would have been payable pursuant to subsection 27.1(1) of the Act had the divisional application been filed on the filing date of the original application, shall be paid when the divisional application is actually filed in accordance with subsection 36(2) or (2.1) of the Act.

  •  (1) Subject to subsections (2) and (3), for the purposes of section 46 of the Act, the applicable fee to maintain the rights accorded by a patent, set out in item 31 of Schedule II, shall be paid in respect of the periods set out in that item before the expiry of the times, including periods of grace, provided in that item.

  • (2) In subsection (1), “patent” does not include a reissued patent.

  • (3) No fee to maintain the rights accorded by a patent shall be payable in respect of any period for which a fee to maintain the application for that patent was paid.

  •  (1) Subject to subsection (2), for the purposes of section 46 of the Act, the applicable fee to maintain the rights accorded by a reissued patent, set out in item 31 of Schedule II, shall be paid in respect of the same periods and before the expiry of the same times as for the original patent.

  • (2) No fee to maintain the rights accorded by a reissued patent shall be payable in respect of any period for which a fee was paid to maintain the rights accorded by the original patent or to maintain the application for the original patent.

 
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