Patent Rules (SOR/96-423)

Regulations are current to 2017-10-13 and last amended on 2017-09-21. Previous Versions

 For the purposes of section 11 of the Act, an international application in which Canada is designated is deemed to be pending in Canada only when it becomes a PCT national phase application.

 The requirement in subsection 27(2) of the Act that an application contain a petition does not apply to PCT national phase applications.

 [Repealed, SOR/2007-90, s. 12]

 An international application in which Canada is designated, or in which Canada is designated and elected, shall not be considered to be an application mentioned in paragraph 28.2(1)(c) of the Act or to be a co-pending application mentioned in paragraph 28.2(1)(d) of the Act unless it has become a PCT national phase application.

  •  (1) Section 28 of the Act does not apply to a PCT national phase application.

  • (2) The filing date of a PCT national phase application shall be considered to be the date accorded by a receiving Office pursuant to Article 11 of the Patent Cooperation Treaty.

 In respect of a PCT national phase application, the applicant may substitute the requirements of Rule 4.10 of the Regulations under the PCT as it read immediately before July 1, 1998 for the requirements of section 142.

  • SOR/99-291, s. 7.

 Where the applicant complies with the requirements of subsection 58(1) and, where applicable, subsection 58(2) on or after the date of the publication of the application in English or French by the International Bureau of the World Intellectual Property Organization in accordance with Article 21 of the Patent Cooperation Treaty, the application is deemed to be open to public inspection under section 10 of the Act on and after the date of that publication.

PART IIIApplications Having a Filing Date on or After October 1, 1996

Application

  •  (1) This Part applies to applications having a filing date on or after October 1, 1996 and to patents issued on the basis of such applications.

  • (2) For greater certainty, for the purposes of subsection (1) a reissued patent is considered to be issued on the basis of the original application.

  • SOR/2009-319, s. 7.

Presentation of Documents

  •  (1) Subject to subsection (2), documents filed in paper form in connection with patents and applications shall

    • (a) be on sheets of good quality white paper that are free of creases and folds and that are 21.6 cm x 27.9 cm or 21 cm x 29.7 cm (A4 format);

    • (b) be so presented as to permit direct reproduction by photography, electrostatic processes, photo offset, and microfilming, in any number of copies; and

    • (c) be free from interlineations, cancellations or corrections.

  • (2) Transfer documents, other documents concerning ownership, and certified copies of documents may be submitted on sheets of paper that are no larger than 21.6 cm x 35.6 cm.

  • (3) Documents filed in electronic form in connection with patents and applications shall be in an electronic format specified by the Commissioner in the Canadian Patent Office Record.

  • (4) If a document is initially filed in an electronic format not specified in the Canadian Patent Office Record, it shall be replaced by a document in a specified format and a statement shall be filed to the effect that the replacement document is the same as the document initially filed.

  • SOR/2007-90, s. 13.
  •  (1) The minimum margins of pages containing the description, the claims and the abstract referred to in section 79 shall be as follows:

    • top 2 cm
    • left side 2.5 cm
    • right side 2 cm
    • bottom 2 cm
  • (2) The minimum margins of pages containing the drawings referred to in section 37 of the Act shall be as follows:

    • top 2.5 cm
    • left side 2.5 cm
    • right side 1.5 cm
    • bottom 1 cm
  • (3) Subject to subsections (4) and (5) and except as otherwise provided by these Rules, the margins of the pages referred to in subsections (1) and (2) must be completely blank.

  • (4) The top margin may contain in either corner an indication of the applicant’s file reference.

  • (5) The lines of each page of the description and of the claims may be numbered in the left margin.

  • SOR/2007-90, s. 14.
  •  (1) With the exception of sequence listings, tables and chemical and mathematical formulae, all text matter in documents forming part of the description or the claims shall be at least 1 1/2 line spaced.

  • (2) All text matter shall be in characters the capital letters of which are not less than 0.21 cm high.

  •  (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/2007-90, s. 15.

 The petition, the abstract, the description, the drawings and the claims shall each commence on a new page.

  •  (1) The pages of the description and the claims shall be numbered consecutively.

  • (2) The page numbers shall be centered at the top or bottom of the sheet, but shall not be placed in the margin.

  •  (1) The petition, the abstract, the description and the claims shall not contain drawings.

  • (2) The abstract, the description and the claims may contain chemical or mathematical formulae or the like.

  •  (1) Subject to subsection (2), each page of a document shall be used upright.

  • (2) Where it aids in presentation, drawings, tables and chemical or mathematical formulae may be presented sideways with the top of the drawings, tables or formulae at the left side of the sheet.

 Any trade-mark mentioned in the application shall be identified as such.

Petitions

 The petition shall follow the form and the instructions for its completion set out in Form 3 of Schedule I to the extent that the provisions of the form and the instructions are applicable.

  • SOR/2007-90, s. 16;
  • SOR/2009-319, s. 8.

 [Repealed, SOR/2017-167, s. 1]

 [Repealed, SOR/2009-319, s. 9]

Abstracts

  •  (1) An application shall contain an abstract that provides technical information and that cannot be taken into account for the purpose of interpreting the scope of protection sought or obtained.

  • (2) The abstract shall contain a concise summary of the matter contained in the application and, where applicable, the chemical formula that, among all the formulae included in the application, best characterizes the invention.

  • (3) The abstract shall specify the technical field to which the invention relates.

  • (4) The abstract shall be drafted in a way that allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention.

  • (5) The abstract shall be so drafted that it can efficiently serve as a scanning tool for purposes of searching in the particular art.

  • (6) The abstract shall not contain more than 150 words.

  • (7) Each main technical feature mentioned in the abstract and illustrated by a drawing in the application may be followed by a reference character placed between parentheses.

 
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