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Patent Rules (SOR/2019-251)

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Regulations are current to 2020-11-17 and last amended on 2019-10-30. Previous Versions

PART 1Rules of General Application (continued)

Communications

Marginal note:Written communications to Commissioner

 Written communications intended for the Commissioner or the Patent Office must be addressed to the “Commissioner of Patents”.

Marginal note:Postal address

  •  (1) A person who is doing business before the Patent Office must provide the Commissioner with their postal address and a written communication sent by the Commissioner or the Patent Office to that person at that address is, unless the communication is withdrawn, considered to have been sent to that person on the date that it bears.

  • Marginal note:Email address

    (2) If a person who is doing business before the Patent Office provides the Commissioner with their email address and authorizes the sending of communications to that address, a written communication sent by the Commissioner or the Patent Office as an email attachment to that person at that address is, unless the communication is withdrawn, considered to have been sent to that person on the date borne by the communication.

Marginal note:One patent or application for patent per communication

  •  (1) A written communication intended for the Commissioner or the Patent Office must not relate to more than one patent or one application for a patent.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply in respect of a written communication relating to

    • (a) a change in a name or an address;

    • (b) a transfer;

    • (c) a request to register a document;

    • (d) a fee to maintain in effect an application for a patent or the rights accorded by a patent;

    • (e) an appointment, or revocation of an appointment, of a patent agent; or

    • (f) a correction of an error, if the error and correction are the same in each patent or application for a patent.

Marginal note:Minimum content of written communications — applications

  •  (1) A written communication in respect of an application for a patent that is intended for the Commissioner or the Patent Office must include the name of the applicant and the application number or, if the application number is not known, information that allows the application to be identified.

  • Marginal note:Minimum content of written communications — patents

    (2) A written communication in respect of a patent that is intended for the Commissioner or the Patent Office must include the name of the patentee and the patent number.

Marginal note:Manner of submitting documents, information or fees

  •  (1) Unless they are submitted by electronic means under subsection 8.1(1) of the Act, any documents, information or fees must be submitted to the Commissioner or the Patent Office by physical delivery to the Patent Office or to an establishment that is designated by the Commissioner as being accepted for that purpose.

  • Marginal note:Date of receipt — physical delivery to Patent Office

    (2) Documents, information or fees that are submitted to the Commissioner or the Patent Office by physical delivery to the Patent Office are deemed to have been received by the Commissioner

    • (a) if they are delivered when the Office is open to the public, on the day on which they are delivered; and

    • (b) if they are delivered when the Office is closed to the public, on the first day on which the Office is next open to the public.

  • Marginal note:Date of receipt — physical delivery to designated establishment

    (3) Documents, information or fees that are submitted to the Commissioner or the Patent Office by physical delivery to a designated establishment are deemed to have been received by the Commissioner

    • (a) if they are delivered when the establishment is open to the public,

      • (i) in the case where the Patent Office is open to the public for all or part of the day on which they are delivered, on that day, and

      • (ii) in any other case, on the first day on which the Patent Office is next open to the public; and

    • (b) if they are delivered when the establishment is closed to the public, on the first day on which the Patent Office is next open to the public that falls on or after the day on which the establishment is next open to the public.

  • Marginal note:Date of receipt — submission by electronic means

    (4) Documents, information or fees that are submitted by electronic means under subsection 8.1(1) of the Act are deemed to have been received by the Commissioner on the day on which, according to the local time of the place where the Patent Office is located, the Patent Office receives them.

Marginal note:Communication sent before general refusal

  •  (1) If the Commissioner refuses to recognize a person as a patent agent or an attorney under section 16 of the Act generally, any communication in respect of a patent or an application for a patent that is sent by the Commissioner or by the Patent Office to that person is considered not to have been sent to the patentee or applicant if

    • (a) it is sent within four months before the date of the refusal and no reply was made before that date; or

    • (b) it is sent on the date of the refusal.

  • Marginal note:Communication sent before specific refusal

    (2) If the Commissioner refuses, under section 16 of the Act, to recognize a person as a patent agent or an attorney in respect of a patent or an application for a patent, any communication in respect of that patent or that application for a patent that is sent by the Commissioner or by the Patent Office to that person is considered not to have been sent to the patentee or applicant if

    • (a) it is sent within four months before the date of the refusal and no reply was made before that date; or

    • (b) it is sent on the date of the refusal.

  • Marginal note:Communication sent before removal

    (3) If the Commissioner removes the name of a person from the register of patent agents under subsection 23(2), any communication respecting a patent or an application for a patent that is sent by the Commissioner or by the Patent Office to that person is considered not to have been sent to the patentee or applicant if

    • (a) it is sent within four months before the date of the removal and no reply was made before that date; or

    • (b) it is sent on the date of the removal.

Marginal note:Acknowledgment by Commissioner

 A written communications submitted to the Commissioner in respect of a filing under section 34.1 of the Act and a written communication submitted to the Commissioner before the granting of a patent with the stated or apparent intention of protesting against the granting of that patent must be acknowledged, but information must not be given as to the action taken unless the application for the patent is open to public inspection at the Patent Office.

Presentation of Documents to Commissioner or Patent Office

Marginal note:Manner of submission

  •  (1) Subject to subsection (2), documents submitted in paper form in connection with a patent and an application for a patent must

    • (a) be submitted on sheets of white paper that are free of creases and folds and that are 21.6 cm x 27.9 cm (8.5” x 11”) or 21 cm x 29.7 cm (A4 format);

    • (b) be submitted in a manner that permits direct reproduction by the Patent Office; and

    • (c) be free of interlineations, cancellations or corrections.

  • Marginal note:Exception

    (2) Certified copies of documents and documents concerning transfers referred to in section 49 of the Act may be submitted on sheets of paper that are not larger than 21.6 cm x 35.6 cm (8.5” x 14”).

Marginal note:Layout

  •  (1) Subject to subsection (2), the contents of each page of a document must be in an upright position.

  • Marginal note:Exception

    (2) If it aids in presentation, figures, tables and chemical or mathematical formulas may appear sideways with the top of the figures, tables or formulas at the left side of the page.

Marginal note:Documents not in English or French

  •  (1) The Commissioner must not have regard to any part of a document submitted to the Commissioner or to the Patent Office in a language other than English or French, except for

    • (a) a document submitted or made available under paragraph 67(2)(b) or 72(3)(a) or subsection 74(1);

    • (b) the specification and the drawings included in an application for a patent on its filing date if, on or before the filing date, the document referred to in paragraph 71(d) is partly or entirely in a language other than English or French;

    • (c) a document submitted under paragraph 85(1)(b);

    • (d) a copy of an international application submitted under paragraph 154(1)(a); or

    • (e) text matter contained in a sequence listing.

  • Marginal note:Translation — previously filed application for a patent

    (2) If, under paragraph 67(2)(b), a copy of a previously filed application for a patent is submitted to the Commissioner or made available in a digital library in a language other than English or French, the applicant must submit to the Commissioner an English or French translation of that application.

  • Marginal note:Translation — document

    (3) If the applicant, for the purpose of obtaining a filing date, submits to the Commissioner a document that is partly or entirely in a language other than English or French and that on its face appears to be a description, the applicant must submit to the Commissioner an English or French translation to replace any part of the specification and the drawings that, on its filing date, is included in the application and is not in English or French.

  • Marginal note:Notice requiring translation

    (4) If an applicant does not submit a translation required by subsection (2) or (3), the Commissioner must by notice require the applicant to submit the translation to the Commissioner not later than two months after the date of the notice.

  • Marginal note:Translation replaces specification and drawings

    (5) The specification and the drawings contained in a translation of a previously filed application for a patent submitted under subsection (2), or submitted after the notice referred to in subsection (4) is sent, replace the specification and the drawings included in the previously filed application that are deemed by subsection 27.01(2) of the Act to have been contained in the application.

  • Marginal note:Restriction

    (6) The specification and the drawings contained in an application for a patent as a result of a replacement under subsection (3), (4) or (5) must not contain any matter not reasonably to be inferred from the specification or the drawings contained in the application on its filing date.

  • Marginal note:Non-application of subsection 3(1)

    (7) Subsection 3(1) does not apply in respect of the time referred to in subsection (4).

 
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