Patent Act

Marginal note:Amendments to specifications and drawings

• 38.2 (1) Subject to subsections (2) to (3.1) and the regulations, the specification and drawings contained in an application for a patent in Canada may be amended before the patent is issued.

• Marginal note:Restriction

  (2) The specification and drawings contained in an application, other than a divisional application, may not be amended to add matter that cannot reasonably be inferred from the specification or drawings contained in the application on its filing date.

• Marginal note:Language other than English or French

  (3) However, if all or part of the text matter of the specification or drawings contained in the application on its filing date is in a language other than English or French, the specification and drawings may not be amended to add matter not reasonably to be inferred from both

  • (a) the specification or drawings contained in the application on its filing date, and

  • (b) the specification or drawings contained in the application immediately after the text matter is replaced by an English or French translation, in accordance with the regulations.

• Marginal note:Divisional application

  (3.1) The specification and drawings contained in a divisional application may not be amended to add matter

  • (a) that may not be or could not have been added, under subsection (2) or (3) or this subsection, to the specification and drawings contained in the application for a patent from which the divisional application results; or

  • (b) that cannot reasonably be inferred from the specification or drawings contained in the divisional application on the date on which the Commissioner, in respect of that application, receives the prescribed documents and information or, if they are received on different dates, on the latest of those dates.

• Marginal note:Non-application of subsections (2) to (3.1)

  (4) Subsections (2) to (3.1) do not apply if it is admitted in the specification that the matter is prior art with respect to the application.

• Marginal note:Application subject to regulations

  (5) Subsections (2) to (3.1) apply subject to any regulations made under paragraph 12(1)(j.81).