Patent Rules

Version of section 58 from 2006-03-22 to 2007-06-01:

  •  (1) An applicant who designates Canada, or who designates and elects Canada, in an international application shall, within the time prescribed by subsection (3),

    • (a) where the International Bureau of the World Intellectual Property Organization has not published the international application, provide the Commissioner with a copy of the international application;

    • (b) where the international application is not in English or French, provide the Commissioner with a translation of the international application into either English or French; and

    • (c) pay the basic national fee set out in item 10 of Schedule II.

  • (2) An applicant who complies with the requirements of subsection (1) after the second anniversary of the international filing date shall, within the time prescribed by subsection (3), pay any fee set out in item 30 of Schedule II that would have been payable in accordance with section 99 or 154 had the international application been filed in Canada as a Canadian application on the international filing date.

  • (3) An applicant shall comply with the requirements of subsection (1) and, where applicable, subsection (2) not later than on the expiry of

    • (a) the 30-month period after the priority date; or

    • (b) where the applicant pays the additional fee for late payment set out in item 11 of Schedule II, the 42-month period after the priority date.

  • (4) Where the applicant provides a translation of the international application into either English or French in accordance with paragraph (1)(b) and the Commissioner has reasonable grounds to believe that the translation is not accurate, the Commissioner shall requisition the applicant to provide a statement by the translator to the effect that, to the best of the translator’s knowledge, the translation is complete and faithful.

  • (5) Where the applicant who complies with the requirements of subsection (1) is not the applicant originally identified in the international application, the Commissioner shall requisition evidence that the applicant who complies with the requirements of that subsection is the legal representative of the originally identified applicant where the documents already in the Patent Office do not provide such evidence.

  • (5.1) Where the applicant who complies with the requirements of subsection (1) does not comply with a requisition made by the Commissioner pursuant to subsection (5) within three months after the requisition is made, that applicant shall be deemed never to have complied with the requirements of subsection (1).

  • (6) For the purposes of subsection (2), international filing date means the date accorded to an international application by a receiving Office pursuant to Article 11 of the Patent Cooperation Treaty.

  • (7) For greater certainty, section 26 does not apply in respect of the times specified in subsection (3) but does apply in respect of the time specified in subsection (5.1).

  • (8) Article 48(2) of the Patent Cooperation Treaty does not apply in respect of the times specified in subsection (3) of this section or in respect of any time limit applicable to a PCT national phase application.

  • (9) An international application may not become a PCT national phase application where:

    • (a) before April 1, 2002, the 32-month period after the priority date has expired;

    • (b) the applicant had not complied with the requirements of subsection (1) and, where applicable, subsection (2) before the expiry of that period; and

    • (c) an election of Canada was not made before the expiry of the nineteenth month after the priority date.

  • SOR/99-291, s. 5;
  • SOR/2002-120, s. 1.
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