Patent Rules (SOR/96-423)

Regulations are current to 2014-09-01 and last amended on 2014-05-01. Previous Versions

  •  (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Commissioner and the Commissioner shall send a notice to the applicant advising that the request for priority has been withdrawn.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.

Effect of Withdrawals on Public Inspection

 For the purposes of subsection 10(4) of the Act, where a request for priority with respect to a particular previously regularly filed application is withdrawn in accordance with section 90, the prescribed date is the date on which a period of sixteen months after the filing date of that previously regularly filed application expires, or, where the Commissioner is able to stop technical preparations to open the application to public inspection at a subsequent date preceding the expiry of the confidentiality period referred to in subsection 10(2) of the Act, that subsequent date.

 For the purposes of subsection 10(5) of the Act, the prescribed date is the day that is two months before the date of expiry of the confidentiality period referred to in subsection 10(2) of the Act or, if the Commissioner is able to stop technical preparations to open the application to public inspection at a subsequent date before the expiry of the confidentiality period, that subsequent date.

  • SOR/2009-319, s. 10.

 [Repealed, SOR/2009-319, s. 11]

Completing the Application

  •  (1) If on the expiry of the applicable time prescribed under subsection (2) or (3) an application does not comply with the applicable requirements set out in subsection (2) or (3), the Commissioner shall, by notice to the applicant, requisition the applicant to comply with those requirements, and to pay the fee set out in item 2 of Schedule II, before the expiry of the later of the 3-month period after the date of the notice and the 12-month period after the filing date of the application.

  • (2) In respect of an application other than a PCT national phase application, for the purposes of subsection (1),

    • (a) the time is the 15-month period after the filing date of the application or, if a request for priority has been made in respect of the application, the 15-month period after the earliest filing date of any previously regularly filed application on which the request for priority is based; and

    • (b) the requirements are that

      • (i) the abstract, the description, the claims and the drawings comply with sections 68 to 70, and

      • (ii) the application contain the information and documents listed below:

        • (A) a petition complying with section 77,

        • (B) [Repealed, SOR/2009-319, s. 12]

        • (C) an abstract,

        • (D) a sequence listing complying with subsection 111(1) if a sequence listing is required by that subsection,

        • (E) a claim or claims,

        • (F) any drawing referred to in the description,

        • (G) an appointment of a patent agent if required by section 20,

        • (H) an appointment of an associate patent agent if required by section 21, and

        • (I) an appointment of a representative if required by section 29 of the Act.

  • (3) In respect of a PCT national phase application, for the purposes of subsection (1),

    • (a) the time is the 3-month period after the applicant complies with the requirements of subsection 58(1) and if applicable, subsection 58(2); and

    • (b) the requirements are that the application contain the information or documents listed below:

      • (i) and (ii) [Repealed, SOR/2009-319, s. 13]

      • (iii) a sequence listing complying with subsection 111(1) if a sequence listing is required by that subsection,

      • (iv) an appointment of a patent agent if required by section 20,

      • (v) an appointment of an associate patent agent if required by section 21, and

      • (vi) an appointment of a representative if required by section 29 of the Act.

  • (4) Subsection 26(1) does not apply in respect of the times set out in subsections (2) and (3).

  • SOR/2007-90, s. 22;
  • SOR/2009-319, ss. 12, 13.