Patent Rules (SOR/96-423)

Regulations are current to 2017-08-27 and last amended on 2014-05-01. Previous Versions

Descriptions

  •  (1) The description shall

    • (a) state the title of the invention, which shall be short and precise and shall not include a trade-mark, coined word or personal name;

    • (b) specify the technical field to which the invention relates;

    • (c) describe the background art that, as far as is known to the applicant, can be regarded as important for the understanding, searching and examination of the invention;

    • (d) describe the invention in terms that allow the understanding of the technical problem, even if not expressly stated as such, and its solution;

    • (e) briefly describe the figures in the drawings, if any;

    • (f) set forth at least one mode contemplated by the inventor for carrying out the invention in terms of examples, where appropriate, and with reference to the drawings, if any; and

    • (g) contain a sequence listing where required by subsection 111(1).

  • (2) The description shall be presented in the manner and order specified in subsection (1) unless, because of the nature of the invention, a different manner or a different order would afford a better understanding or a more economical presentation.

  • SOR/2007-90, s. 19.
  •  (1) The description shall not incorporate by reference another document.

  • (2) The description shall not refer to a document that does not form part of the application unless the document is available to the public.

  • (3) Any document referred to in the description shall be fully identified.

  • SOR/99-291, s. 8.

Drawings

  •  (1) Drawings shall be in black, sufficiently dense and dark, well-defined lines to permit satisfactory reproduction and shall be without colourings.

  • (2) Cross-sections shall be indicated by hatching that does not impede the clear reading of the reference characters and lead lines.

  • (3) All numbers, letters and lead lines shall be simple and clear.

  • (4) Elements of the same figure shall be in proportion to each other unless a difference in proportion is indispensable for the clarity of the figure.

  • (5) The height of the numbers and letters in a drawing shall not be less than 0.32 cm.

  • (6) The same page of drawings may contain several figures.

  • (7) Where figures on two or more pages are intended to form a single complete figure, the figures on the several pages shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures.

  • (8) The different figures shall be numbered consecutively.

  • (9) Reference characters not mentioned in the description shall not appear in the drawings, and vice versa.

  • (10) The same features, when denoted by reference characters, shall, throughout the application, be denoted by the same characters.

  • (11) The drawings shall not contain text matter except to the extent required for the understanding of the drawings.

Photographs

 In any case in which an invention does not admit of illustration by means of drawings but does admit of illustration by means of photographs, the applicant may, as part of the application, furnish photographs, or reproductions of photographs, that illustrate the invention.

Claims

 The claims shall be clear and concise and shall be fully supported by the description independently of any document referred to in the description.

 If there are several claims, they shall be numbered consecutively in Arabic numerals beginning with the number "1”.

  •  (1) Subject to subsections (2) and (3), claims shall not, except where necessary, rely, in respect of the features of the invention, on references to the description or drawings and, in particular, they shall not rely on such references as: “as described in Part ... of the description”, or “as illustrated in figure ... of the drawings”.

  • (2) Where the application contains drawings, the features mentioned in the claims may be followed by the reference characters, placed between parentheses, appearing in the drawings and relating to such features.

  • (3) If the application contains a sequence listing, the claims may refer to sequences represented in the sequence listing by the sequence identifier and preceded by “SEQ ID NO:”.

  • (3.1) For the purposes of subsection (3), sequence identifier has the same meaning as in the PCT sequence listing standard.

  • (4) Where the specification refers to a deposit of biological material, the claims may refer to that deposit.

  • SOR/2007-90, s. 20.
  •  (1) Subject to subsection (2), any claim that includes all the features of one or more other claims (in this section referred to as a “dependent claim”) shall refer by number to the other claim or claims and shall state the additional features claimed.

  • (2) A dependent claim may only refer to a preceding claim or claims.

  • (3) Any dependent claim shall be understood as including all the limitations contained in the claim to which it refers or, if the dependent claim refers to more than one other claim, all the limitations contained in the particular claim or claims in relation to which it is considered.

Priority Claims

  •  (1) For the purposes of subsection 28.4(2) of the Act,

    • (a) a request for priority may be made in the petition or in a separate document;

    • (b) where a request for priority is based on one previously regularly filed application, the request must be made, and the applicant must inform the Commissioner of the filing date, country of filing and application number of the previously regularly filed application, before the expiry of the sixteen-month period after the date of filing of that application; and

    • (c) where a request for priority is based on two or more previously regularly filed applications,

      • (i) the request must be made, and the applicant must inform the Commissioner of the filing date and country of filing of each previously regularly filed application on which the request for priority is based, before the expiry of the sixteen-month period after the earliest date of filing of those applications, and

      • (ii) the applicant must, for each previously regularly filed application on which the request for priority is based, inform the Commissioner of its application number before the expiry of the twelve-month period after its date of filing or before the expiry of the period referred to in subparagraph (i), whichever is later.

  • (2) Where a request for priority on the basis of a particular previously regularly filed application is withdrawn before the expiry of the sixteen-month period after the date of filing of that application, the times prescribed in subsection (1) shall be computed as if the request for priority had never been made based on that application.

  • (3) For the purposes of subsection (1), if the previously regularly filed application is for a patent granted by a national or an intergovernmental authority having the power to grant patents effective in more than one country, the applicant may provide the Commissioner with the name of the authority with which the application was filed instead of the country of filing.

  • (4) For the purposes of subsection (1), if the previously regularly filed application is an international application, the applicant may provide the Commissioner with the name of the receiving Office with which the application was filed instead of the country of filing.

  • (5) Subsection 26(1) does not apply in respect of the times specified in subsection (1).

  • SOR/99-291, s. 9;
  • SOR/2003-208, s. 9;
  • SOR/2007-90, s. 38.

 Where a previously regularly filed application on the basis of which a request for priority is based is taken into account by an examiner pursuant to sections 28.1 to 28.4 of the Act, the examiner may requisition the applicant to file a certified copy of the previously regularly filed application and a certification from the patent office in which the application was filed indicating the actual date of its filing.

  •  (1) For the purposes of subsection 28.4(3) of the Act, an applicant may withdraw a request for priority, either entirely or with respect to one or more previously regularly filed applications, by filing a request with the Commissioner and the Commissioner shall send a notice to the applicant advising that the request for priority has been withdrawn.

  • (2) The effective date of the withdrawal of a request for priority pursuant to subsection (1) shall be the date the request for withdrawal is received by the Commissioner.

 
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