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Patent Rules

Version of section 109 from 2022-10-03 to 2024-02-06:


Marginal note:Correction on request of patentee

  •  (1) On the request of the patentee, made in accordance with subsection (2), not later than 12 months after the day on which a patent is issued under the Act and on payment of the fee set out in item 24 of Schedule 2, the Commissioner must correct

    • (a) an error with respect to the naming of a patentee or an inventor included in the patent, if the request for a correction contains a statement to the effect that the correction does not add or delete the name of a patentee or an inventor or change the identity of a named patentee or inventor, as the case may be; or

    • (b) an error in the specification or the drawings referenced in the patent, if from the specification or the drawings referenced in the patent at the time the patent was issued it would have been obvious to a person skilled in the art or science to which the patent pertains that something other than what appears in the specification or the drawings was intended and that nothing other than the correction could have been intended.

  • Marginal note:Contents of request

    (2) A request under subsection (1) must contain

    • (a) an indication that a correction of an error is being requested;

    • (b) the number of the patent concerned;

    • (c) the correction to be made; and

    • (d) new pages to replace the pages altered by the correction, if the error is in the specification or the drawings and the error was not made by the Commissioner.

  • Marginal note:Notice

    (3) If a request is made under subsection (1) during the 12-month period referred to in that subsection but the request does not comply with subsection (2) or the fee referred to in subsection (1) is not paid, the Commissioner must by notice require the patentee to submit the elements referred to in subsection (2) or pay the fee referred to in subsection (1), as applicable, not later than three months after the date of the notice.

  • Marginal note:Correction after notice

    (4) The Commissioner must make the correction if the applicant complies with the notice not later than three months after the date of the notice and if the error is one referred to in subsection (1).

  • Marginal note:Date of correction

    (5) A correction made under subsection (1) or (4) is considered to have been made on the day on which the patent was issued.

  • SOR/2022-120, s. 23

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