Patent Rules

Version of section 2 from 2007-06-02 to 2010-09-30:


 In these Rules,

Act

Act means the Patent Act; (Loi)

amino acid sequence

amino acid sequence has the same meaning as in the PCT sequence listing standard; (séquence d’acides aminés)

amino acids

amino acids[Repealed, SOR/2007-90, s. 1]

application

application means, except as otherwise provided by these Rules, an application for a patent, but does not include an application for the reissue of a patent; (demande)

associate patent agent

associate patent agent means a patent agent appointed by another patent agent in accordance with section 21; (coagent)

authorized correspondent

authorized correspondent means, in respect of an application,

  • (a) where the application was filed by the inventor, where no transfer of the inventor’s right to the patent or of the whole interest in the invention has been registered in the Patent Office and where no patent agent has been appointed

    • (i) the sole inventor,

    • (ii) one of two or more joint inventors authorized by all such inventors to act on their joint behalf, or

    • (iii) where there are two or more joint inventors and no inventor has been authorized in accordance with subparagraph (ii), the first inventor named in the petition or, in the case of PCT national phase applications, the first inventor named in the international application,

  • (b) where an associate patent agent has been appointed or is required to be appointed pursuant to section 21, the associate patent agent, or

  • (c) where paragraphs (a) and (b) do not apply, a patent agent appointed pursuant to section 20; (correspondant autorisé)

Budapest Treaty

Budapest Treaty means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, to which Canada is a party; (Traité de Budapest)

Canadian Patent Office Record

Canadian Patent Office Record means the Canadian Patent Office Record referred to in subsection 78(3) of the Act; (Gazette du Bureau des brevets)

claims

claims means claims referred to in subsection 27(4) of the Act or in subsection 34(2) of the Act as it read immediately before October 1, 1989; (revendications)

description

description means the part of a specification other than the claims, referred to in section 80; (description)

divisional application

divisional application means an application filed in accordance with subsection 36(2) or (2.1) of the Act; (demande complémentaire)

international application

international application means an application filed under the Patent Cooperation Treaty; (demande internationale)

international depositary authority

international depositary authority means an international depositary authority within the meaning of Article 2(viii) of the Budapest Treaty; (autorité de dépôt internationale)

nucleotide sequence

nucleotide sequence has the same meaning as in the PCT sequence listing standard; (séquence de nucléotides)

nucleotides

nucleotides[Repealed, SOR/2007-90, s. 1]

patent agent

patent agent means any person or firm whose name is entered on the register of patent agents pursuant to section 15; (agent de brevets)

Patent Cooperation Treaty

Patent Cooperation Treaty means the Patent Cooperation Treaty, done at Washington on June 19, 1970, including any amendments, modifications and revisions made from time to time to which Canada is a party; (Traité de coopération en matière de brevets)

Patent Office

Patent Office means the Patent Office established by section 3 of the Act; (Bureau des brevets)

PCT national phase application

PCT national phase application means an international application in respect of which the applicant has complied with the requirements of subsection 58(1) and, where applicable, subsection 58(2); (demande PCT à la phase nationale)

PCT sequence listing standard

PCT sequence listing standard means the Standard for the Presentation of Nucleotide and Amino Acid Sequence Listings in International Patent Applications under the PCT provided for in the Administrative Instructions under the Patent Cooperation Treaty; (Norme PCT de listages des séquences)

period of grace

period of grace means a period of grace within the meaning of Article 5bis(1) of the Paris Convention for the Protection of Industrial Property, made on March 20, 1883 and any amendments and revisions to which Canada is a party. (délai de grâce)

petition

petition means a petition referred to in section 27 of the Act; (pétition)

Regulations under the Budapest Treaty

Regulations under the Budapest Treaty means the Regulations under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure; (Règlement d’exécution du Traité de Budapest)

Regulations under the PCT

Regulations under the PCT means the Regulations under the Patent Cooperation Treaty; (Règlement d’exécution du PCT)

sequence listing

sequence listing has the same meaning as in the PCT sequence listing standard; (listage des séquences)

small entity

small entity[Repealed, SOR/2007-90, s. 1]

specification

specification means a specification of an invention in accordance with subsections 27(3) and (4) of the Act; (mémoire descriptif)

the Act as it read immediately before October 1, 1989

the Act as it read immediately before October 1, 1989 means the provisions of the Patent Act as it read immediately before October 1, 1989 subject, where applicable, to any amendments to the Patent Act coming into force

  • (a) after October 1, 1989 and before October 1, 1996, or

  • (b) after October 1, 1996; (Loi dans sa version antérieure au 1er octobre 1989)

transfer

transfer means a change in ownership of a patent, of an application or of an interest in an invention and includes an assignment. (transfert)

  • SOR/99-291, s. 1;
  • SOR/2003-208, s. 1;
  • SOR/2007-90, s. 1.
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