Patent Rules

Marginal note:Documents in English or French

• 15 (1) All documents or information submitted or made available to the Commissioner or the Patent Office must be in 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 that are contained in a document referred to in paragraph 71(d);

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

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

  • (e) text matter contained in a sequence listing; or

  • (f) a document or information that is deemed to have been received by the Commissioner under section 156.

• Marginal note:Translation — previously filed application for patent

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

• Marginal note:Translation — specification and drawings

  (3) If all or part of the text matter of the specification or the drawings that are contained in a document referred to in paragraph 71(d) that is submitted for the purposes of subsection 28(1) of the Act are in a language other than English or French, the applicant must submit to the Commissioner an English or French translation of that text matter.

• Marginal note:Sequence listing — English and French

  (3.1) If a sequence listing contains text matter that is both in English and in French, only the following version of the text matter is taken into account for the purpose of interpreting the scope of protection sought or obtained:

  • (a) if the sequence listing contains an indication that either English or French is the original language of that text matter, the version that is in that original language; and

  • (b) in any other case, the version that is in the same language as the claims.

• Marginal note:Sequence listing — other language

  (3.2) Language-dependent free text that is contained in a sequence listing and that is in a language other than English or French is not taken into account for the purpose of interpreting the scope of protection sought or obtained.

• 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 original

  (5) A translation submitted under subsection (2) or (3), or submitted after the notice referred to in subsection (4) is sent, replaces the text matter that was in a language other than English or French.

• Marginal note:Restriction

  (6) A translation of all or part of the text matter in a specification or a drawing, submitted under subsection (2) or (3), or submitted after the notice referred to in subsection (4) is sent, 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).