Patent Rules (SOR/96-423)

Regulations are current to 2017-10-13 and last amended on 2017-09-21. Previous Versions

SCHEDULE I(Sections 43, 44 and 77)Prescribed Forms

FORM 1(Section 47 of the Patent Act)

Application for Reissue

  • 1 The patentee of Patent No. , granted on for an invention entitled , requests that a new patent be issued, in accordance with the accompanying amended specification and agrees to surrender the original patent effective on the issue of a new patent.

  • 2 The name and complete address of the patentee is

    .

  • 3 The respects in which the patent is deemed defective or inoperative are .

  • 4 The error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, in the following manner:

    .

  • 5 The knowledge of the new facts giving rise to the application were obtained by the patentee on or about in the following manner: .

  • 6 The patentee appoints , whose complete address is , as the patentee’s patent agent.

Instructions

In sections 2 and 6, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.

FORM 2(Section 48 of the Patent Act or the Act as it read immediately before October 1, 1989)

Disclaimer

  • 1 The patentee of Patent No. , granted on for an invention entitled , has, by mistake, accident or inadvertence, and without any wilful intent to defraud or mislead the public,

    • (a) made the specification too broad, claiming more than that of which the patentee or the person through whom the patentee claims was the (first) inventor; or

    • (b) in the specification, claimed that the patentee or the person through whom the patentee claims was the (first) inventor of any material or substantial part of the invention patented of which the patentee was not the (first) inventor, and to which the patentee had no lawful right.

  • 2 The name and complete address of the patentee is .

  • 3
    • (1) The patentee disclaims the entirety of claim .

    • (2) The patentee disclaims the entirety of claim with the exception of the following: .

Instructions

In section 1, the word “first” may be included only for patents issued on the basis of an application filed before October 1, 1989.

In section 2, the name and address must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, street name and number, city, province or state, postal code, telephone number, fax number and country.

With respect to each claim covered by the disclaimer, the patentee shall include in the disclaimer either subsection 3(1) or (2).

FORM 3(Subsection 27(2) of the Patent Act)

Petition for Grant of a Patent

  • 1 The applicant, , whose complete address is , requests the grant of a patent for an invention, entitled , which is described and claimed in the accompanying specification.

  • 2 This application is a division of application number , filed in Canada on .

  • 3
    • (1) The applicant is the sole inventor.

    • (2) The inventor is , whose complete address is and the applicant is the legal representative of the inventor.

  • 4 The applicant requests priority in respect of the application on the basis of the following previously regularly filed application:

    Country of filingApplication numberFiling date
  • 5 The applicant appoints , whose complete address is , as the applicant’s patent agent.

  • 6 The applicant believes that in accordance with the Patent Rules they are entitled to pay fees at the small entity level in respect of this application and in respect of any patent issued on the basis of this application.

  • 7 The applicant requests that Figure No. of the drawings accompany the abstract when it is open to public inspection under section 10 of the Patent Act or published.

(signature)

Instructions

In section 1, subsection 3(2) and section 5, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.

Sections 2 and 7 should be deleted if they do not apply.

The contents of sections 3 to 6 may be included in the petition or submitted in a separate document.

In section 3, in accordance with section 37 of the Patent Rules, only subsection 3(1) or subsection 3(2) should be included.

In general, the inclusion of a signature in the petition is optional. However, in accordance with paragraph 3.01(1)(e) of the Patent Rules, a signature is required if a small entity declaration is included in the petition.

  • SOR/2007-90, ss. 28, 29;
  • SOR/2009-319, ss. 22 to 26;
  • SOR/2017-167, ss. 4 to 6.
 
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