Patent Rules (SOR/96-423)

Regulations are current to 2016-01-25 and last amended on 2014-05-01. Previous Versions

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 x 33 cm (8 1/2 inches x 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 (1 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. 13;
  • SOR/2007-90, s. 25.
  •  (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. 14.
  •  (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.

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