Patent Rules (SOR/96-423)

Regulations are current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

 Communications addressed to the Commissioner in relation to an application shall include

  • (a) the name of the applicant or inventor;

  • (b) the application number, if one has been assigned by the Patent Office; and

  • (c) the title of the invention.

  •  (1) Subject to subsection (2), communications addressed to the Commissioner in relation to an application or a patent shall relate to one application or patent only.

  • (2) Subsection (1) does not apply in respect of communications relating to

    • (a) a transfer, a licence or a security interest;

    • (b) a change in the name or address of an applicant, a patentee, a patent agent, an associate patent agent or a representative for service; or

    • (c) fees to maintain an application in effect or to maintain the rights accorded by a patent.

 An authorized correspondent shall provide the Commissioner with its complete address and any communication sent by the Commissioner or by the Patent Office to the authorized correspondent at that address shall be considered to be sent on the date that it bears.

 Communications addressed to the Commissioner pursuant to section 34.1 of the Act and communications addressed to the Commissioner with the stated or apparent intention of protesting against the granting of a patent shall be acknowledged, but, subject to section 10 of the Act or of the Act as it read immediately before October 1, 1989, no information shall be given as to the action taken.

 Except as provided by section 11 of the Act, the Commissioner and the Patent Office shall not provide any information respecting an application that is not open to public inspection to any person other than the authorized correspondent, the applicant or a person authorized by the authorized correspondent or the applicant to receive the information.

Entry of Patent Agents on Register of Patent Agents

  •  (1) Subject to subsection 14(2), for the purpose of having their name entered on the register of patent agents, a person is eligible to sit for the qualifying examination for patent agents referred to in section 14 if, on March 31 of the year in which the person proposes to sit for the examination,

    • (a) the person resides in Canada and has been employed for a period of at least 12 months on the examining staff of the Patent Office; or

    • (b) the person resides in Canada and has worked in Canada in the area of Canadian patent law and practice, including the preparation and prosecution of applications, for a period of at least 12 months.

  • (2) A person referred to in paragraph (l)(b) shall file with the Commissioner an affidavit or statutory declaration setting out the person’s experience and responsibilities in the area of patent law and practice.

  •  (1) An Examining Board is hereby established for the purpose of preparing, administering and marking the qualifying examination for patent agents referred to in section 14.

  • (2) The members of the Examining Board shall be appointed by the Commissioner, and the chairperson and at least three other members shall be employees of the Patent Office and at least five members shall be patent agents nominated by the Intellectual Property Institute of Canada.

  • SOR/2003-208, s. 3.