Patent Rules (SOR/96-423)

31. An application that has been rejected by an examiner shall not be amended after the expiry of the time for responding to the examiner’s requisition, made pursuant to subsection 30(4), except

• (a) where the rejection is withdrawn in accordance with subsection 30(5);

• (b) where the Commissioner is satisfied after review that the rejection is not justified and the applicant has been so informed;

• (c) where the Commissioner has informed the applicant that the amendment is necessary for compliance with the Act and these Rules; or

• (d) by order of the Federal Court or the Supreme Court of Canada.

• 32. (1) Except as otherwise provided by the Act or these Rules, after the applicant is sent a notice pursuant to subsection 30(1) or (5), no amendment, other than an amendment to correct a clerical error that is obvious on the face of the application, may be made to the application unless the fee set out in item 5 of Schedule II is paid.

• (2) Except as otherwise provided by the Act or these Rules, after the applicant is sent a notice pursuant to subsection 30(1) or (5), no amendment may be made to the application that would necessitate a further search by the examiner in respect of the application or that would make the application not comply with the Act or these Rules.

• 33. (1) Except as otherwise provided by the Act or these Rules, no amendment may be made to an application after payment of the final fee referred to in subsection 30(1) or (5).

• (2) If an application has been abandoned under paragraph 73(1)(f) of the Act and reinstated,

  • (a) subsection (1) does not apply; and

  • (b) no amendment may be made to an application after a new notice is sent in accordance with subsection 30(1) or (5).

34. Amendments to an application shall be made by inserting new pages in place of the pages altered by the amendments and shall be accompanied by a statement explaining their nature and purpose.

35. Clerical errors in any document relating to an application, other than a specification, a drawing or a document effecting a transfer or a change of name, which are due to the fact that something other than what was obviously intended was written, may be corrected by the applicant.

36. For the purposes of section 36 of the Act or of the Act as it read immediately before October 1, 1989, an application does not claim more than one invention if the subject-matters defined by the claims are so linked as to form a single general inventive concept.

• 37. (1) If the applicant is the inventor, the application must contain a statement to that effect.

• (2) If the applicant is not the inventor, the application must contain a statement indicating the name and address of the inventor and,

  • (a) in respect of an application other than a PCT national phase application, a declaration that the applicant is the legal representative of the inventor; and

  • (b) in respect of a PCT national phase application, either

    • (i) a declaration that the applicant is the legal representative of the inventor, or

    • (ii) a declaration as to the applicant’s entitlement, as at the filing date, to apply for and be granted a patent, in accordance with Rule 4.17 of the Regulations under the PCT.

• (3) A statement or declaration required by subsection (1) or (2) shall be included in the petition or be submitted in a separate document.

• (4) If an application does not comply with the requirements of subsections (1) to (3), the Commissioner shall, by notice to the applicant, requisition the applicant to comply with those requirements before the later of the expiry of the 3-month period after the date of the notice and the expiry of the 12-month period after the filing date of the application.