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Patent Rules (SOR/2019-251)

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Regulations are current to 2020-06-17 and last amended on 2019-10-30. Previous Versions

Patent Rules

SOR/2019-251

PATENT ACT

Registration 2019-06-25

Patent Rules

P.C. 2019-917 2019-06-22

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 12Footnote a and subsection 20(18) of the Patent ActFootnote b and section 12Footnote c of that Act as it read immediately before October 1, 1989, makes the annexed Patent Rules.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Rules.

    Act

    Act means the Patent Act. (Loi)

    Administrative Instructions

    Administrative Instructions means the Administrative Instructions under the Patent Cooperation Treaty, including any modifications made from time to time. (Instructions administratives)

    associate patent agent

    associate patent agent means a patent agent appointed by another patent agent under section 28. (coagent)

    Budapest Treaty

    Budapest Treaty means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, including any amendments and revisions made from time to time to which Canada is a party. (Traité de Budapest)

    common representative

    common representative means an applicant or patentee appointed under section 26, 218, 219 or 220. (représentant commun)

    description

    description means, except in Form 1 of Schedule 1, the part of a specification other than the claims. (description)

    international application

    international application means an application for a patent filed under the Patent Cooperation Treaty. (demande internationale)

    international depositary authority

    international depositary authority has the same meaning as in Article 2(viii) of the Budapest Treaty. (autorité de dépôt internationale)

    national phase entry date

    national phase entry date means the date determined under subsection 155(2) or section 210, as applicable. (date d’entrée en phase nationale)

    patent agent

    patent agent means, except in subparagraph 19(a)(iii) and paragraphs 22(b) and 23(1)(b), any person or firm whose name is entered on the register of patent agents. (agent de brevets)

    Patent Cooperation Treaty

    Patent Cooperation Treaty means the Patent Cooperation Treaty, done at Washington on June 19, 1970, including any amendments, modifications and revisions made from time to time to which Canada is a party. (Traité de coopération en matière de brevets)

    PCT national phase application

    PCT national phase application means an international application in respect of which the applicant

    • (a) has complied with the requirements of subsection 154(1) and, if applicable, subsection 154(2); or

    • (b) has, before the coming into force of these Rules, complied with the requirements of subsection 58(1) of the Patent Rules, as they read immediately before the coming into force of these Rules, and, if applicable, subsection 58(2) of those Rules. (demande PCT à la phase nationale)

    PCT sequence listing standard

    PCT sequence listing standard means the Standard for the Presentation of Nucleotide and Amino Acid Sequence Listings in International Patent Applications under the PCT set out in the Administrative Instructions. (norme PCT de listages des séquences)

    presentation date

    presentation date means the date determined under subsection 103(2), 186(2) or 202(2), as applicable. (date de soumission)

    Regulations under the Budapest Treaty

    Regulations under the Budapest Treaty means the Regulations under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, including any amendments made from time to time. (Règlement d’exécution du Traité de Budapest)

    Regulations under the PCT

    Regulations under the PCT means the Regulations under the Patent Cooperation Treaty, including any amendments made from time to time. (Règlement d’exécution du PCT)

    sequence listing

    sequence listing has the same meaning as in the PCT sequence listing standard. (listage des séquences)

  • Marginal note:Definition of drawing

    (2) For the purposes of the Act and these Rules, drawing includes a photograph.

  • Marginal note:Reference to period

    (3) A reference to a period of time in these Rules is, if the period is extended under section 3 or subsection 160(2) of these Rules or subsection 78(1) of the Act, to be read as a reference to the period as extended.

Marginal note:Clarification

 For greater certainty, for the purposes of these Rules,

  • (a) an application for the reissue of a patent is not considered to be an application for a patent; and

  • (b) a patent granted on the basis of a divisional application that results from the division of an original application is not a patent granted on the basis of the original application.

PART 1Rules of General Application

Extension of Time

Marginal note:Time fixed by Rules

  •  (1) Subject to these Rules, the Commissioner is authorized to extend any period of time fixed by these Rules for doing anything — whether that period has expired or not — if the Commissioner considers that the circumstances justify the extension and if, before the end of that period, the extension is applied for and, except in the case of the period of time fixed by subsection 86(9), the fee set out in item 1 of Schedule 2 is paid.

  • Marginal note:Clarification

    (2) For greater certainty, for the purpose of subsection (1), a period of time fixed by the Act that is dependent on a date that is prescribed by these Rules is not considered to be a period of time fixed by these Rules.

  • Marginal note:Other authorized extensions

    (3) The Commissioner is also authorized to extend the period of time for the payment of a fee referred to in subsection 44(1), 68(1) or (2), 80(1), 86(1), (6), (10) or (12) or 112(1), paragraph 112(5)(a) or (c) or 154(1)(c), subsection 154(2) or subparagraph 154(3)(a)(iii) or (b)(i) or (ii) — whether that period has expired or not — if the Commissioner considers that the circumstances justify the extension and if

    • (a) the amount of the small entity fee was paid before the end of that period;

    • (b) it is later determined that the standard fee should have been paid;

    • (c) the applicant or patentee files a statement that, to the best of their knowledge, the small entity fee was paid in good faith and the application for the extension is being filed without undue delay after the applicant or patentee became aware that the standard fee should have been paid;

    • (d) the applicant or patentee pays the difference between the amount of the small entity fee that was paid and the standard fee that was applicable on the day on which the small entity fee was paid; and

    • (e) the applicant or patentee pays the fee set out in item 1 of Schedule 2.

Marginal note:Time fixed by subsection 18(2) of Act

 The Commissioner is authorized to extend the period of time fixed by subsection 18(2) of the Act — whether that period has expired or not — if the Commissioner considers that the circumstances justify the extension and if, before the end of that period, the extension is applied for and the fee set out in item 1 of Schedule 2 is paid.

Marginal note:Prescribed days

 The following days are prescribed for the purposes of subsection 78(1) of the Act:

  • (a) Saturday;

  • (b) Sunday;

  • (c) January 1, or if January 1 falls on a Saturday or a Sunday, the following Monday;

  • (d) Good Friday;

  • (e) Easter Monday;

  • (f) the Monday before May 25;

  • (g) June 24, or if June 24 falls on a Saturday or a Sunday, the following Monday;

  • (h) July 1, or if July 1 falls on a Saturday or a Sunday, the following Monday;

  • (i) the first Monday in August;

  • (j) the first Monday in September;

  • (k) the second Monday in October;

  • (l) November 11, or if November 11 falls on a Saturday or a Sunday, the following Monday;

  • (m) December 25 and 26 or

    • (i) if December 25 falls on a Friday, that Friday and the following Monday, and

    • (ii) if December 25 falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • (n) any day on which the Patent Office is closed to the public for all or part of the day during ordinary business hours.

 
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