Patent Rules (SOR/96-423)

• 139. (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 the 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.

140. Any trade-mark that is mentioned in the application shall be identified as such.

• 141. (1) Drawings 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.

• 142. (1) Subject to section 65, for the purposes of subsection 28.4(2) of the Act in respect of an application (in this subsection referred to as the “subject application”),

  • (a) a request for priority may be made in the petition or in a separate document;

  • (b) a request for priority must be made before the expiry of the six-month period after the filing date of the subject application; and

  • (c) the applicant shall provide the Commissioner with the date and country of filing and the application number of each previously regularly filed application on which the request for priority is based, before the expiry of the six-month period after the filing date of the subject application.

• (2) Subsection 26(1) does not apply in respect of the times prescribed in subsection (1).