Patent Rules (SOR/96-423)

Regulations are current to 2016-05-12 and last amended on 2014-05-01. Previous Versions

 [Repealed, SOR/2007-90, s. 24]

 [Repealed, SOR/2007-90, s. 24]

 [Repealed, SOR/2007-90, s. 24]

 [Repealed, SOR/2007-90, s. 24]

 [Repealed, SOR/2007-90, s. 24]

 [Repealed, SOR/2007-90, s. 24]

 [Repealed, SOR/2007-90, s. 24]

PART IVApplications Having a Filing Date in the Period Beginning on October 1, 1989 and Ending on September 30, 1996

Application

  •  (1) This Part applies to applications having a filing date in the period beginning on October 1, 1989 and ending on September 30, 1996 and to patents issued on the basis of such applications.

  • (2) For greater certainty, for the purposes of subsection (1) a reissued patent is considered to be issued on the basis of the original application.

  • SOR/2009-319, s. 15.

Form and Contents of Applications

 Every document filed in connection with a patent or an application shall be presented clearly and legibly on sheets of good quality white paper, which shall not, except in the case of transfer documents, other documents concerning ownership and certified copies of documents, be more than 21.6 cm x 33 cm (8 1/2 inches x 13 inches).

 The title of an application shall be accurate and concise, and shall not include any trade-mark, coined word or personal name.

  •  (1) The specification shall be in undefaced type not smaller than 12 pitch, free from interlineations, cancellations or corrections and at least 1 1/2 line spaced and on each page there shall be a top margin of approximately 3.3 cm (1 1/4 inches), left-hand and bottom margins of approximately 2.5 cm (1 inch) and a right-hand margin of approximately 1.3 cm (1/2 inch).

  • (2) A shorter side of the sheet shall be the bottom, but for tables, charts and the like that cannot satisfactorily be accommodated within the width of the sheet, the right-hand longer side of the sheet shall be the bottom and if a table, chart or the like is longer than the length of the sheet, it may be divided between two or more sheets.

  • (3) No drawing or sketch, other than a graphic chemical formula or the like, may appear in the specification.

  • (4) The pages of the description shall be numbered consecutively at the bottom.

  • (5) Claims shall be numbered consecutively.

  •  (1) The Commissioner shall refuse to take cognizance of any document submitted to the Commissioner that is not in the English or French language unless the applicant submits to the Commissioner a translation of the document into one of those languages.

  • (2) If the applicant provides a translation of a document into either English or French in accordance with subsection (1) and the Commissioner has reasonable grounds to believe that the translation is not accurate, the Commissioner shall requisition the applicant to provide either

    • (a) a statement by the translator to the effect that, to the best of the translator’s knowledge, the translation is complete and faithful, or

    • (b) a new translation together with a statement by the translator to the effect that, to the best of the translator’s knowledge, the new translation is complete and faithful.

  • (3) The text matter of the abstract, the description, the drawings and the claims, individually and all together, shall be wholly in English or wholly in French.

  • SOR/99-291, s. 13;
  • SOR/2007-90, s. 25.
  •  (1) The description shall not incorporate by reference another document.

  • (2) The description shall not refer to a document that does not form part of the application unless the document is available to the public.

  • (3) Any document referred to in the description shall be fully identified.

  • SOR/99-291, s. 14.
  •  (1) Claims must be complete independently of any document referred to in the description.

  • (2) Every claim must be fully supported by the description.

  • (3) Reference may be made in a claim to a preceding claim or claims.

  •  (1) An application shall contain an abstract that provides technical information and that cannot be taken into account for the purpose of interpreting the scope of the protection sought or obtained.

  • (2) The abstract shall consist of a brief technical statement of the description indicative of the utility of the invention and the manner in which the invention is distinguishable from other inventions.

 Any trade-mark that is mentioned in the application shall be identified as such.

Drawings

  •  (1) Drawings shall comply with the following requirements:

    • (a) every sheet shall have a clear margin of at least 2.5 cm (1 inch) on all sides;

    • (b) every drawing shall be prepared with clear black lines;

    • (c) all views on the same sheet shall stand in the same direction and, if possible, stand so that a shorter side of the sheet is the bottom but if a view longer than the width of a sheet is necessary, it may stand so that the right-hand longer side of the sheet becomes the bottom, and if a view longer than the length of a sheet is necessary, it may be divided between two or more sheets;

    • (d) all views shall be on a sufficiently large scale so as to be easily read and shall be separated by sufficient spaces to keep them distinct but shall not be on a larger scale or separated by greater spaces than is necessary for such purposes;

    • (e) section lines, lines for effect and shading lines shall be as few as possible and shall not be closely drawn;

    • (f) reference characters shall be clear and distinct and not less than 0.3 cm (1/8 inch) in height;

    • (g) the same reference character shall be used for the same part in different views and shall not be used to designate different parts;

    • (h) a reference character should not be placed on a shaded surface, but if it is so placed a blank space shall be left in the shading where it appears;

    • (i) the views shall be numbered consecutively throughout without regard to the number of sheets; and

    • (j) nothing shall appear on a sheet except the drawings and the reference characters and legends pertaining to the drawings.

  • (2) Drawings shall be delivered to the Commissioner free of folds, breaks, creases or other imperfections.

Priority Claims

  •  (1) Subject to section 65, for the purposes of subsection 28.4(2) of the Act in respect of an application (in this subsection referred to as the “subject application”),

    • (a) a request for priority may be made in the petition or in a separate document;

    • (b) a request for priority must be made before the expiry of the six-month period after the filing date of the subject application; and

    • (c) the applicant shall provide the Commissioner with the date and country of filing and the application number of each previously regularly filed application on which the request for priority is based, before the expiry of the six-month period after the filing date of the subject application.

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

  • SOR/2007-90, s. 38.

 Where a previously regularly filed application on the basis of which a request for priority is based is taken into account by an examiner pursuant to sections 28.1 to 28.4 of the Act, the examiner may requisition the applicant to file a certified copy of the previously regularly filed application and a certification from the patent office in which the application was filed indicating the actual date of its filing.

  •  (1) For the purposes of subsection 28.4(3) of the Act, an applicant may withdraw a request for priority, either entirely or with respect to one or more previously regularly filed applications, by filing a request with the Commissioner and the Commissioner shall send a notice to the applicant advising that the request for priority has been withdrawn.

  • (2) The effective date of the withdrawal of a request for priority pursuant to subsection (1) shall be the date the request for withdrawal is received by the Commissioner.

 
Date modified: