Patent Rules

Version of section 94 from 2007-06-02 to 2010-09-30:

  •  (1) If on the expiry of the applicable time prescribed under subsection (2) or (3) an application does not comply with the applicable requirements set out in subsection (2) or (3), the Commissioner shall, by notice to the applicant, requisition the applicant to comply with those requirements, and to pay the fee set out in item 2 of Schedule II, before the expiry of the later of the 3-month period after the date of the notice and the 12-month period after the filing date of the application.

  • (2) In respect of an application other than a PCT national phase application, for the purposes of subsection (1),

    • (a) the time is the 15-month period after the filing date of the application or, if a request for priority has been made in respect of the application, the 15-month period after the earliest filing date of any previously regularly filed application on which the request for priority is based; and

    • (b) the requirements are that

      • (i) the abstract, the description, the claims and the drawings comply with sections 68 to 70, and

      • (ii) the application contain the information and documents listed below:

        • (A) a petition complying with section 77,

        • (B) a declaration complying with section 3 of Form 3 of Schedule I to the Rules, either included in the petition or submitted as a separate document,

        • (C) an abstract,

        • (D) a sequence listing complying with subsection 111(1) if a sequence listing is required by that subsection,

        • (E) a claim or claims,

        • (F) any drawing referred to in the description,

        • (G) an appointment of a patent agent if required by section 20,

        • (H) an appointment of an associate patent agent if required by section 21, and

        • (I) an appointment of a representative if required by section 29 of the Act.

  • (3) In respect of a PCT national phase application, for the purposes of subsection (1),

    • (a) the time is the 3-month period after the applicant complies with the requirements of subsection 58(1) and if applicable, subsection 58(2); and

    • (b) the requirements are that the application contain the information or documents listed below:

      • (i) the name and address of the inventor,

      • (ii) a declaration as to the applicant’s entitlement, as at the filing date, to apply for and be granted a patent, in accordance with Rule 4.17 of the Regulations under the PCT,

      • (iii) a sequence listing complying with subsection 111(1) if a sequence listing is required by that subsection,

      • (iv) an appointment of a patent agent if required by section 20,

      • (v) an appointment of an associate patent agent if required by section 21, and

      • (vi) an appointment of a representative if required by section 29 of the Act.

  • (4) Subsection 26(1) does not apply in respect of the times set out in subsections (2) and (3).

  • SOR/2007-90, s. 22.
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