Marginal note:Documents not in English or French
15 (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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