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Patent Act

Version of section 36 from 2019-10-30 to 2020-06-17:


Marginal note:Patent for one invention only

  •  (1) A patent shall be granted for one invention only but in an action or other proceeding a patent shall not be deemed to be invalid by reason only that it has been granted for more than one invention.

  • Marginal note:Limitation of claims by applicant

    (2) Where an application (the “original application”) describes more than one invention, the applicant may limit the claims to one invention only, and any other invention disclosed may be made the subject of a divisional application, if the divisional application is filed before the issue of a patent on the original application.

  • Marginal note:Limitation of claims on direction of Commissioner

    (2.1) Where an application (the “original application”) describes and claims more than one invention, the applicant shall, on the direction of the Commissioner, limit the claims to one invention only, and any other invention disclosed may be made the subject of a divisional application, if the divisional application is filed before the issue of a patent on the original application.

  • Marginal note:Original application abandoned

    (3) If an original application mentioned in subsection (2) or (2.1) is deemed to be abandoned and is not reinstated, the time for filing a divisional application ends on the later of the day on which the original application is deemed to be abandoned and the end of the prescribed time referred to in subsection 73(3).

  • Marginal note:Separate applications

    (4) A divisional application shall be deemed to be a separate and distinct application under this Act, to which its provisions apply as fully as may be, and separate fees shall be paid on the divisional application and, except for the purposes of subsections 27(6) and (7), it shall have the same filing date as the original application.

  • R.S., 1985, c. P-4, s. 36
  • 1993, c. 15, s. 39
  • 2014, c. 39, s. 129
  • 2015, c. 36, s. 65(F)
  • 2018, c. 27, s. 189
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