Patent Rules (SOR/96-423)

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

  •  (1) Subject to section 3.02, a small entity declaration

    • (a) shall be filed with the Commissioner by the authorized correspondent, in the case of an application, or by the patentee, in the case of a patent;

    • (b) may be filed as part of the petition or as a separate document;

    • (c) shall, if not filed as part of the petition, identify the application or patent to which it relates;

    • (d) shall contain a statement to the effect that the applicant or patentee believes that in accordance with subsection (2) they are entitled to pay fees at the small entity level in respect of that application or patent;

    • (e) shall be signed by the applicant or patentee or by a patent agent appointed by the applicant or patentee; and

    • (f) shall indicate the name of the applicant or patentee and, if applicable, the name of the patent agent signing the declaration.

  • (2) An applicant or patentee may pay fees at the small entity level in respect of an application or patent if

    • (a) in respect of an application other than a PCT national phase application or a patent issued on the basis of such an application, on the filing date of the application the applicant originally identified in the petition is a small entity in respect of the invention to which the application or patent relates; and

    • (b) in respect of a PCT national phase application or a patent issued on the basis of such an application, on the date when the requirements of subsection 58(1) and, if applicable, subsection 58(2) are complied with, the applicant who complies with those requirements is a small entity in respect of the invention to which the application or patent relates.

  • (3) For the purposes of subsection (2), “small entity”, in respect of an invention, means an entity that employs 50 or fewer employees or that is a university, but does not include an entity that

    • (a) is controlled directly or indirectly by an entity, other than a university, that employs more than 50 employees; or

    • (b) has transferred or licensed or has an obligation, other than a contingent obligation, to transfer or license any right in the invention to an entity, other than a university, that employs more than 50 employees.

  • (4) For greater certainty, for the purposes of this section,

    • (a) a divisional application is considered to have the same filing date as the original application;

    • (b) a small entity declaration filed in respect of an original application on a date that is on or before the actual date of filing of a divisional application shall be considered to have also been filed on that date in respect of the divisional application; and

    • (c) a reissued patent is considered to be issued on the basis of the original application.

  • SOR/2007-90, s. 2.
  •  (1) A small entity declaration by a person, other than the patentee, requesting re-examination shall

    • (a) contain a statement to the effect that the person believes that, at the time of the request for re-examination, they are a small entity;

    • (b) be signed by the person or by a patent agent appointed by that person; and

    • (c) indicate the name of the person and, if applicable, the name of the patent agent signing the declaration.

  • (2) For the purposes of subsection (1), “small entity” means an entity that employs 50 or fewer employees or that is a university, but does not include an entity that is controlled directly or indirectly by an entity, other than a university, that employs more than 50 employees.

  • SOR/2007-90, s. 2.