Patent Rules (SOR/96-423)

Regulations are current to 2014-09-29 and last amended on 2014-05-01. 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

 A person is eligible to sit for the qualifying examination for patent agents if the person,

  • (a) on the first day of the examination, resides in Canada and

    • (i) has been employed for at least 24 months on the examining staff of the Patent Office,

    • (ii) has worked in Canada in the area of Canadian patent law and practice, including the preparation and prosecution of applications for a patent, for at least 24 months, or

    • (iii) has worked in the area of patent law and practice, including the preparation and prosecution of applications for a patent, for at least 24 months, at least 12 of which were worked in Canada and the rest of which were worked in a country other than Canada where the person was registered as a patent agent in good standing with a patent office of that country; and

  • (b) within two months after the day on which the notice referred to in subsection 14(2) was published,

    • (i) notifies the Commissioner in writing of their intention to sit for the examination,

    • (ii) pays the fee set out in item 34 of Schedule II, and

    • (iii) furnishes the Commissioner with evidence establishing that they meet the requirements set out in paragraph (a).

  • SOR/2013-231, s. 2.