Patent Rules (SOR/96-423)

Regulations are current to 2014-10-27 and last amended on 2014-05-01. Previous Versions

Maintenance Fees

  •  (1) For the purposes of subsection 27.1(1) and paragraph 73(1)(c) of the Act, the applicable fee to maintain an application in effect, set out in item 30 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) Where a divisional application is filed, any fee set out in item 30 of Schedule II, that would have been payable pursuant to subsection 27.1(1) of the Act had the divisional application been filed on the filing date of the original application, shall be paid when the divisional application is actually filed in accordance with subsection 36(2) or (2.1) of the Act.

  •  (1) Subject to subsections (2) and (3), for the purposes of section 46 of the Act, the applicable fee to maintain the rights accorded by a patent, set out in item 31 of Schedule II, shall be paid in respect of the periods set out in that item before the expiry of the times, including periods of grace, provided in that item.

  • (2) In subsection (1), “patent” does not include a reissued patent.

  • (3) No fee to maintain the rights accorded by a patent shall be payable in respect of any period for which a fee to maintain the application for that patent was paid.

  •  (1) Subject to subsection (2), 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 31 of Schedule II, shall be paid in respect of the same periods and before the expiry of the same times as for the original patent.

  • (2) No fee to maintain the rights accorded by a reissued patent is payable in respect of any period for which a fee was paid to maintain the rights accorded by the original patent or to maintain the application for the original patent.

 Subsection 26(1) does not apply in respect of the times set out in sections 154, 155 and 156.

  • SOR/2007-90, s. 38.
  •  (1) Where, before October 1, 1996, a fee to maintain in effect an application or the rights accorded by a patent was paid under section 76.1 or 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 section 154, 155 or 156, that fee shall be considered to have been paid for the one-year period commencing immediately after the subsequent anniversary.

  • (2) In subsection (1), “anniversary” means the anniversary of the date of filing of the application.

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 160 to 162 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 application is open to public inspection under section 10 of the Act, 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 before the application is open to public inspection under section 10 of the Act or on or before January 1, 1998, whichever is the later; and

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

  • (3) The applicant must inform the Commissioner of the name of the international depositary authority, the date of the original deposit with the international depository authority and the accession number given by the international depositary authority to the deposit, before the application is open to public inspection under section 10 of the Act or on or before January 1, 1998, whichever is the later.

  • (4) The applicant may, before the application is open to public inspection under section 10 of the Act or on or before January 1, 1998, whichever is the later, file a notice with the Commissioner stating the applicant’s wish that, until either a patent has issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn, the Commissioner only authorize the furnishing of a sample of the deposited biological material to an independent expert nominated by the Commissioner in accordance with section 165.

  • (5) Subsection 26(1) does not apply to the times set out in this section.

  • SOR/2007-90, s. 38.