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Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)

Assented to 2014-12-16

R.S., c. P-4Patent Act

Marginal note:1993, c. 15, s. 26(2)

 The definitions “filing date” and “legal representatives” in section 2 of the Patent Act are replaced by the following:

“filing date”

« date de dépôt »

“filing date” means the date on which an application for a patent in Canada is filed, as determined in accordance with section 28 or subsection 28.01(2) or 36(4);

“legal representatives”

« représentants légaux »

“legal representatives” includes heirs, executors or administrators of the estate, liquidators of the succession, guardians, curators, tutors, transferees and all other persons claiming through applicants for patents and patentees of inventions;

 Subsection 4(2) of the Act is replaced by the following:

  • Marginal note:Duties of Commissioner

    (2) The Commissioner shall receive all applications, fees, and documents relating to patents, shall perform and do all acts and things requisite for the granting and issuing of patents, shall have the charge and custody of the books, records and other things belonging to the Patent Office and shall have, for the purposes of this Act, all the powers that are or may be given by the Inquiries Act to a commissioner appointed under Part II of that Act.

 Subsection 7(1) of the Act is replaced by the following:

Marginal note:Officers and employees of Patent Office not to deal in patents
  • 7. (1) No officer or employee of the Patent Office shall buy, sell, acquire or traffic in any invention, patent or right to a patent, or any interest in an invention, patent or right to a patent, and every purchase, sale, acquisition or transfer of any invention, patent or right to a patent, or any interest in an invention, patent or right to a patent, made by or to any officer or employee is void, or in Quebec, null.

Marginal note:1993, c. 15, s. 27

 Sections 8.1 and 8.2 of the Act are replaced by the following:

Marginal note:Electronic form and means
  • 8.1 (1) Subject to the regulations, any document, information or fee that is submitted to the Commissioner or the Patent Office under this Act may be submitted in any electronic form, and by any electronic means, that is specified by the Commissioner.

  • Marginal note:Collection, storage, etc.

    (2) Subject to the regulations, the Commissioner and the Patent Office may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information or to seal a patent or other document.

  • Definition of “electronic”

    (3) In this section, “electronic”, in reference to a form or means, includes optical, magnetic and other similar forms or means.

  •  (1) Subsection 12(1) of the Act is amended by adding the following after paragraph (a):

    • (a.1) defining “drawing” for the purposes of this Act and respecting the circumstances in which certain drawings may be furnished as part of applications for patents;

    • (a.2) respecting abstracts in applications for patents, including authorizing the Commissioner to amend or replace abstracts;

    • (a.3) respecting the consequences of a failure to comply with a notice given under subsection 27(7);

    • (a.4) respecting the processing and examination of applications for patents;

  • Marginal note:R.S., c. 33 (3rd Supp.), s. 3

    (2) Paragraph 12(1)(c) of the Act is replaced by the following:

    • (c) respecting the registration of transmissions, disclaimers, judgments or other documents relating to a patent or an application for a patent;

    • (c.1) respecting the recording of transfers of patents or applications for patents;

  • (3) Subsection 12(1) of the Act is amended by adding the following after paragraph (i):

    • (i.1) for carrying into effect the Patent Law Treaty, done at Geneva on June 1, 2000, including any amendments and revisions made from time to time to which Canada is a party;

  • Marginal note:1993, c. 15, s. 29(2)

    (4) Paragraphs 12(1)(j.1) to (j.5) of the Act are replaced by the following:

    • (j.01) respecting the circumstances in which an applicant, patentee or other person may or must be represented by a patent agent or other person in business before the Patent Office;

    • (j.1) respecting the submission, including in electronic form and by electronic means, of documents and information to the Commissioner or the Patent Office, including the time at which they are deemed to be received by the Commissioner or the Patent Office;

    • (j.2) respecting the use of electronic means for the purposes of subsection 8.1(2);

    • (j.3) respecting the withdrawal of an application for a patent and, for the purposes of subsections 10(4) and (5), prescribing the date, or the manner of determining the date, on or before which a request for priority or an application for a patent is to be withdrawn;

    • (j.31) respecting additions to the specification and additions of drawings for the purposes of subsection 28.01(1);

    • (j.4) respecting requests for priority, including

      • (i) the period within which priority is to be requested,

      • (ii) the information and documents that are to be submitted in support of requests for priority,

      • (iii) the period within which that information and those documents are to be submitted,

      • (iv) the withdrawal of requests for priority, and

      • (v) the correction of requests for priority or of information or documents submitted in support of them and the effect of corrections on the duration of the confidentiality period referred to in subsection 10(3);

    • (j.41) respecting the application of subsection 28.4(6);

    • (j.5) for the purposes of section 36,

      • (i) defining “one invention”, and

      • (ii) respecting requirements for divisional applications;

  • Marginal note:1993, c. 15, s. 29(2)

    (5) Paragraph 12(1)(j.8) of the Act is replaced by the following:

    • (j.71) respecting amendments to the specification or drawings for the purposes of subsection 38.2(1);

    • (j.72) respecting the replacement of all or part of the text matter of a specification or drawing contained in an application for a patent that is in a language other than English or French with a translation into English or French, for the purposes of paragraph 38.2(3)(b);

    • (j.73) respecting the conditions set out in subsection 46(5), including the circumstances in which subparagraph 46(5)(a)(ii) and paragraph 46(5)(b) do not apply;

    • (j.74) establishing a period for the purposes of subsection 55.11(2);

    • (j.75) establishing a period for the purposes of subsection 55.11(3);

    • (j.76) respecting the reinstatement of applications for patents under subsection 73(3), including the circumstances in which subparagraph 73(3)(a)(ii) and paragraph 73(3)(b) do not apply;

    • (j.77) respecting communications between the Commissioner and any other person;

    • (j.8) authorizing the Commissioner to, during or after the end of the time period fixed under this Act for doing anything, extend that time period, subject to any prescribed terms and conditions, if the Commissioner considers that the circumstances justify the extension;

Marginal note:R.S., c. 33 (3rd Supp.), s. 4

 Section 15 of the Act is replaced by the following:

Marginal note:Register of patent agents

15. A register shall be kept in the Patent Office, on which shall be entered the names of all persons and firms that may act as patent agents.

Marginal note:Representation by patent agents

15.1 In the prescribed circumstances, an applicant, patentee or other person shall be represented by a patent agent in all business before the Patent Office.

Marginal note:1993, c. 15, s. 31
  •  (1) Subsection 27(2) of the French version of the Act is replaced by the following:

    • Marginal note:Dépôt de la demande

      (2) L’inventeur ou son représentant légal doit, conformément aux règlements, déposer une demande qui comprend une pétition et un mémoire descriptif de l’invention et payer la taxe réglementaire.

  • Marginal note:1993, c. 15, s. 31

    (2) Subsections 27(6) and (7) of the Act are replaced by the following:

    • Marginal note:Drawings

      (5.1) In the case of a machine, or in any other case in which an invention admits of illustration by means of drawings, the applicant shall, as part of the application, furnish drawings of the invention that clearly show all parts of the invention.

    • Marginal note:Particulars

      (5.2) Each drawing is to include references corresponding with the specification. The Commissioner may, as the Commissioner sees fit, require further drawings or dispense with the requirement to furnish any drawing.

    • Marginal note:Requirements not met

      (6) If, on its filing date, an application does not meet the requirements of subsection (2), other than the payment of the application fee, the Commissioner shall, by notice, require the applicant to meet those requirements on or before the prescribed date.

    • Marginal note:Application fee not paid

      (7) If, on the filing date of the application, the application fee is not paid, the Commissioner shall, by notice, require the applicant to pay the application fee and the prescribed late fee on or before the prescribed date.

Marginal note:R.S., c. 33 (3rd Supp.), s. 9; 1993, c. 15, ss. 32 and 33

 Sections 27.1 and 28 of the Act are replaced by the following:

Marginal note:Reference to previously filed application
  • 27.01 (1) Subject to the prescribed requirements and within the prescribed period, an applicant may submit to the Commissioner a statement to the effect that a reference to a specified previously filed application for a patent is being submitted instead of all or part of the specification contained in or a drawing that is required to be contained in the application. The prescribed period shall not end later than six months after the earliest date on which the Commissioner receives any document or information under subsection 28(1).

  • Marginal note:Specification or drawing deemed in application

    (2) If the applicant submits the statement within the prescribed period and meets the prescribed requirements, the specification or drawing in the previously filed application is deemed to have been contained in the application on the date on which the Commissioner receives the statement.

Marginal note:Maintenance fees
  • 27.1 (1) To maintain an application for a patent in effect, the prescribed fees shall be paid on or before the prescribed dates.

  • Marginal note:Late fee and notice

    (2) If a prescribed fee is not paid on or before the applicable prescribed date,

    • (a) the prescribed late fee shall be paid, in addition to the prescribed fee; and

    • (b) the Commissioner shall send a notice to the applicant stating that the application will be deemed to be abandoned if the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice.

  • Marginal note:Prescribed fee deemed paid on prescribed date

    (3) If the prescribed fee and late fee are paid before a notice is sent or, if a notice is sent, the prescribed fee and late fee are paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the prescribed fee shall be deemed to have been paid on the applicable prescribed date.

  • Marginal note:Patent not invalid

    (4) A patent shall not be declared invalid by reason only that the application on the basis of which the patent was granted was not maintained in effect.

Marginal note:Filing date
  • 28. (1) Subject to subsections 28.01(2) and 36(4), the filing date of an application for a patent in Canada is the date on which the Commissioner receives the prescribed documents and information or, if they are received on different dates, the latest of those dates.

  • Marginal note:Outstanding documents and information

    (2) The Commissioner shall notify an applicant whose application does not contain all of the documents and information referred to in subsection (1) of the documents and information that are outstanding and require that the applicant submit them within two months after the date of the notice.

  • Marginal note:Application deemed never filed

    (3) If the Commissioner does not receive the outstanding documents and information within that two-month period, the application is deemed never to have been filed. However, any fees paid in respect of the application shall not be refunded to the applicant.

Marginal note:Addition to specification or addition of drawing to application
  • 28.01 (1) Subject to the regulations, an applicant may, within the prescribed period, add to the specification that is contained in their application or add a drawing to their application for a patent by submitting the addition to the Commissioner along with a statement by the applicant indicating that the addition is being made under this section. The prescribed period shall not end later than six months after the earliest date on which the Commissioner receives any document or information under subsection 28(1).

  • Marginal note:Filing date

    (2) If an applicant submits an addition to the Commissioner under subsection (1) and the addition is not withdrawn within the prescribed period, the filing date of the application is the later of the date on which the Commissioner receives the addition and the filing date referred to in subsection 28(1), unless

    • (a) the applicant has, on the earliest date on which the Commissioner receives any document or information under subsection 28(1), made a request for priority in respect of the application under section 28.4;

    • (b) the addition is completely contained in a previously regularly filed application on which the request for priority is based;

    • (c) the applicant requests, in accordance with the regulations, that the filing date be the filing date referred to in subsection 28(1); and

    • (d) the applicant complies with any prescribed requirements.

  • Marginal note:Addition deemed in application

    (3) In the circumstances set out in paragraphs (2)(a) to (d), the addition is deemed to have been contained in the application on its filing date for the purposes of subsections 38.2(2) and (3).

 

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