Patent Rules

Version of the schedule from 2007-06-02 to 2010-09-30:


SCHEDULE I(Sections 43, 44 and 77)Prescribed Forms

FORM 1(Section 47 of the Patent Act)

Application for Reissue

  • 1 The patentee of Patent No. , granted on for an invention entitled , requests that a new patent be issued, in accordance with the accompanying amended specification, for the unexpired term for which the original patent was granted and agrees to surrender the original patent effective on the issue of a new patent.

  • 2 The name and complete address of the patentee is .

  • 3 The respects in which the patent is deemed defective or inoperative are .

  • 4 The error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, in the following manner: .

  • 5 The knowledge of the new facts giving rise to the application were obtained by the patentee on or about in the following manner: .

  • 6 The patentee appoints , whose complete address in Canada is , as the patentee’s representative in Canada pursuant to section 29 of the Patent Act.

  • 7 The patentee appoints , whose complete address is , as the patentee’s patent agent.

Instructions

In sections 2, 6 and 7, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.

FORM 2(Section 48 of the Patent Act or the Act as it read immediately before October 1, 1989)

Disclaimer

  • 1 The patentee of Patent No. , granted on for an invention entitled , has, by mistake, accident or inadvertence, and without any wilful intent to defraud or mislead the public,

    • (a) made the specification too broad, claiming more than that of which the patentee or the person through whom the patentee claims was the (first) inventor; or

    • (b) in the specification, claimed that the patentee or the person through whom the patentee claims was the (first) inventor of any material or substantial part of the invention patented of which the patentee was not the (first) inventor, and to which the patentee had no lawful right.

  • 2 The name and complete address of the patentee is .

  • 3
    • (1) The patentee disclaims the entirety of claim .

    • (2) The patentee disclaims the entirety of claim with the exception of the following: .

Instructions

In section 1, the word “first” may be included only for patents issued on the basis of an application filed before October 1, 1989.

In section 2, the name and address must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, street name and number, city, province or state, postal code, telephone number, fax number and country.

With respect to each claim covered by the disclaimer, the patentee shall include in the disclaimer either subsection 3(1) or (2).

FORM 3(Subsection 27(2) of the Patent Act)

Petition for Grant of a Patent

  • 1 The applicant, , whose complete address is , requests the grant of a patent for an invention, entitled , which is described and claimed in the accompanying specification.

  • 2 This application is a division of application number , filed in Canada on .

  • 3
    • (1) The applicant is the sole inventor.

    • (2) The applicant is entitled to apply for and be granted a patent by virtue of the following:

      • (i)  (name) of (complete address) is the inventor of the subject matter for which protection is sought by way of this application,

      • (ii)  (name) [is] [was] entitled as employer of the inventor, (inventor’s name),

      • (iii) an agreement between (name) and (name), dated ,

      • (iv) an assignment from (name) to (name), dated ,

      • (v) consent from (name) in favour of (name), dated ,

      • (vi) a court order issued by (name of court), effecting a transfer from  (name) to (name), dated ,

      • (vii) transfer of entitlement from (name) to (name) by way of  (specify kind of transfer), dated ,

      • (viii) the applicant’s name changed from (name) to (name) on  (date).

  • 4 The applicant requests priority in respect of the application on the basis of the following previously regularly filed application:

    Country of filingApplication numberFiling date
  • 5 The applicant appoints , whose complete address in Canada is , as the applicant’s representative in Canada, pursuant to section 29 of the Patent Act.

  • 6 The applicant appoints , whose complete address is , as the applicant’s patent agent.

  • 7 The applicant believes that the applicant is entitled to claim status as a “small entity” as defined under section 2 of the Patent Rules.

  • 8 The applicant requests that Figure No. of the drawings accompany the abstract when it is open to public inspection under section 10 of the Patent Act or published.

Instructions

In section 1, subsection 3(2) and sections 5 and 6, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.

In sections 5 and 6, appointment of representatives and appointment of patent agents may also be done in a separate document.

The applicant shall include in the petition or submit as a separate document a declaration in accordance with either subsection 3(1) or (2). If the subsection 3(2) declaration is included or submitted, it must be worded as above, with such inclusion, omission, repetition and re-ordering of the matters listed as items 3(2)(i) to (viii) as is necessary to explain the applicant’s entitlement. Item numbers need not be included. This declaration is applicable only to those events that have occurred before the filing date. The possible kinds of transfer of entitlement in item 3(2)(vii) include merger, acquisition, inheritance, donation and so forth. If there has been a succession of transfers from the inventor, the order in which transfers are listed should follow the actual succession of transfers, and items may be included more than once, as necessary to explain the applicant’s entitlement.

Requests for priority may be done in section 4 of the petition or in a separate document.

  • SOR/2007-90, ss. 28, 29.
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