Patent Rules (SOR/96-423)

Regulations are current to 2017-11-20 and last amended on 2017-09-21. Previous Versions

 Where, pursuant to Rule 5 of the Regulations under the Budapest Treaty, samples of biological material are transferred to a substitute international depositary authority for the reason that the original international depositary authority has discontinued the performance of functions, the applicant or the patentee must inform the Commissioner of the name of the substitute international depositary authority and of the new accession number given to the deposit by the substitute international depositary authority on or before the later of January 1, 1998 and the expiry of the three-month period after the date of issuance of a receipt by the substitute international depositary authority.

  •  (1) Where a new deposit is made with another international depositary authority pursuant to Article 4(1)(b)(i) or (ii) of the Budapest Treaty, the applicant or the patentee must inform the Commissioner of the name of that authority and of the new accession number given to the deposit by that authority on or before the later of January 1, 1998 and the expiry of the three-month period after the date of issuance of a receipt by that authority.

  • (2) Where, pursuant to Article 4 of the Budapest Treaty, the depositor is notified of the inability of the international depositary authority to furnish samples and no new deposit is made in accordance with that Article, the application or patent shall, for the purposes of any proceedings in respect of that application or patent, be treated as if the deposit had never been made.

  •  (1) The Commissioner shall publish in the Canadian Patent Office Record a form for making a request for the furnishing of a sample of a deposit, the contents of which shall be the same as the contents of the form referred to in Rule 11.3(a) of the Regulations under the Budapest Treaty.

  • (2) Subject to sections 164 and 166, where a specification in a Canadian patent or in an application filed in Canada that is open to public inspection pursuant to section 10 of the Act refers to a deposit of biological material by the applicant, and where a person files with the Commissioner a request made on the form referred to in subsection (1), the Commissioner shall make the certification referred to in Rule 11.3(a) of the Regulations under the Budapest Treaty in respect of that person.

  • (3) Except where subsection 166(2) applies, where the Commissioner makes a certification pursuant to subsection (2), the Commissioner shall send a copy of the request together with the certification to the person who filed the request.

 Until either a patent has been issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn, the Commissioner shall not make the certification referred to in subsection 163(2) in respect of a person, including an independent expert, unless the Commissioner has received an undertaking by that person to the applicant

  • (a) not to make any sample of biological material furnished by the international depositary authority or any culture derived from such sample available to any other person before either a patent is issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn; and

  • (b) to use the sample of biological material furnished by the international depositary authority and any culture derived from such sample only for the purpose of experiments that relate to the subject-matter of the application until either a patent is issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn.

  •  (1) Where a notice has been filed with the Commissioner pursuant to subsection 160(4) in respect of an application, the Commissioner, upon the request of any person that an independent expert be nominated and with the agreement of the applicant, shall within a reasonable time nominate a person as an independent expert for the purposes of that application.

  • (2) If the Commissioner and the applicant cannot agree on the nomination of an independent expert within a reasonable time after the request is made, the notice of the applicant referred to in subsection 160(4) is deemed never to have been filed.

  •  (1) Where a notice has been filed with the Commissioner pursuant to subsection 160(4) in respect of an application, until a patent is issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn, a request pursuant to section 163 may only be filed by an independent expert nominated by the Commissioner.

  • (2) Where the Commissioner makes a certification pursuant to subsection 163(2) in respect of an independent expert nominated by the Commissioner, the Commissioner shall send a copy of the request together with the certification to the applicant and to the person who requested the nomination of the independent expert.

PART VApplications Having a Filing Date Before October 1, 1989

Application

  •  (1) This Part applies to applications having a filing date before October 1, 1989 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. 18.

Storage

 Any paper received by the Commissioner relating to an application or to a patent shall, for the purposes of the inspection referred to in section 10 of the Act as it read immediately before October 1, 1989, be kept in its original form or be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored papers or information in intelligible form within a reasonable time.

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 × 33 cm (8 1/2 inches × 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 (one 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. 16;
  • SOR/2007-90, s. 27.
  •  (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. 17.
  •  (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 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.

 
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