Patent Act

Marginal note:Claim date

• 28.1 (1) The date of a claim in an application for a patent in Canada (the “pending application”) is the filing date of the application, unless

  • (a) the pending application is filed by

    • (i) a person who has, or whose agent, legal representative or predecessor in title has, previously regularly filed in or for Canada an application for a patent disclosing the subject-matter defined by the claim, or

    • (ii) a person who is entitled to protection under the terms of any treaty or convention relating to patents to which Canada is a party and who has, or whose agent, legal representative or predecessor in title has, previously regularly filed in or for any other country that by treaty, convention or law affords similar protection to citizens of Canada an application for a patent disclosing the subject-matter defined by the claim;

  • (b) the filing date of the pending application is within twelve months after the filing date of the previously regularly filed application; and

  • (c) the applicant has made a request for priority on the basis of the previously regularly filed application.

• Marginal note:Claims based on previously regularly filed applications

  (2) In the circumstances described in paragraphs (1)(a) to (c), the claim date is the filing date of the previously regularly filed application.