Patent Rules (SOR/96-423)

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

Drawings

  •  (1) Drawings furnished in support of an application 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.

 [Repealed, SOR/2009-319, s. 19]

Priority of Applications

 For the application of Article 4D of the Paris Convention for the Protection of Industrial Property, made on March 20, 1883 and any amendments and revisions to which Canada is party, the protection of section 28 of the Act as it read immediately before October 1, 1989 may not be claimed in respect of an application filed in Canada unless, while the application is pending, the applicant claims the protection of that section and informs the Commissioner of the filing date and number of each application in a country other than Canada on which the applicant bases the claim.

 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 27 and 28 of the Act as it read immediately before October 1, 1989, the examiner may requisition the applicant to file a certified copy of the previously regularly filed application and a certificate from the patent office in which the application was filed indicating the actual date of its filing.

Amendments to Add Matter

 No person shall amend the specification or drawings to describe or add matter not reasonably to be inferred from the specification or drawings as originally filed.

Maintenance Fees

  •  (1) For the purposes of section 46 of the Act, the applicable fee to maintain the rights accorded by a patent issued on or after October 1, 1989, set out in item 32 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) In subsection (1), “patent” does not include a reissued patent.

  • (3) Subject to subsection (4), 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 32 of Schedule II, shall be paid in respect of the same periods and before the expiry of the same times, including periods of grace, as for the original patent.

  • (4) No fee to maintain the rights accorded by a reissued patent is payable

    • (a) if the original patent was issued before October 1, 1989; or

    • (b) in respect of any period for which a fee was paid to maintain the rights accorded by the original patent.

  • (5) Where, before October 1, 1996, a fee to maintain the rights accorded by a patent was paid under section 80.1 of the Patent Rules as they read immediately before that date for a one-year period commencing immediately after a particular anniversary, for the purposes of this section, that fee shall be considered to have been paid for the one-year period commencing immediately after the subsequent anniversary.

  • (6) For the purposes of subsection (5), anniversary means the anniversary of the date on which the patent was issued.

  • SOR/2009-319, ss. 20, 21.

Deposits of Biological Material

 For the purposes of subsection 38.1(1) of the Act, where a specification in an application filed in Canada, or in a patent issued on the basis of such an application, refers to a deposit of biological material, the deposit shall be considered to be in accordance with these regulations if sections 184 to 186 are complied with.

  •  (1) Subject to subsection (2), the deposit of the biological material shall be made by the applicant with an international depositary authority on or before the filing date of the application.

  • (2) The deposit with an international depositary authority may be made by the applicant after the filing date of the application provided that

    • (a) a deposit was made by the applicant in a depositary other than an international depositary authority on or before the filing date of the application in a manner so that, after the issuance of the patent, samples of the deposit are made available to the public;

    • (b) the applicant informs the Commissioner of the name of the depositary referred to in paragraph (a) and the date of making of the deposit on or before January 1, 1998; and

    • (c) the deposit with the international depositary authority is made on or before October 1, 1997.

  • (3) The applicant shall inform the Commissioner of the name of the international depositary authority, the date of the original deposit with the international depositary authority and the accession number given by the international depositary authority to the deposit, on or before January 1, 1998.

 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) Where a specification in a Canadian patent 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) 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.

PART VIRepeals and Coming into Force

Repeals

 [Repeal]

 [Repeal]

Coming into Force

 These Rules come into force on October 1, 1996.

 
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