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Patent Rules

Version of section 155 from 2019-10-30 to 2022-10-02:


Marginal note:Application of Canadian legislation

  •  (1) If an international application becomes a PCT national phase application, the application is considered, beginning on its national phase entry date, to be an application for a patent filed in Canada and, subject to sections 157 to 163, the Act and these Rules apply beginning on that date in respect of that application.

  • Marginal note:National phase entry date

    (2) Subject to section 210, the national phase entry date of an application for a patent is

    • (a) if the applicant has not complied with the applicable requirements of subsection 154(3), the day on which the applicant complied with the requirements of subsection 154(1) and, if applicable, subsection 154(2) or, if the applicant complied with those requirements on different days, the latest of those days; and

    • (b) if the applicant has complied with the applicable requirements of subsection 154(3), the day on which the applicant complied with those requirements or, if the applicant complied with those requirements on different days, the latest of those days.

  • Marginal note:Small entity declaration

    (3) For the purpose of subsection (2), an applicant is not considered to have paid the fee referred to in subparagraph 154(1)(c)(i), paragraph 154(2)(a) or clause 154(3)(a)(iii)(A) or 154(3)(b)(i)(A) or (ii)(A) until the small entity declaration has been filed.

  • Marginal note:Translation replaces original

    (4) If a translation of the international application has been submitted under paragraph 154(1)(b), the translation replaces the text of the PCT national phase application.

  • Marginal note:Restriction

    (5) The specification and the drawings contained in a PCT national phase application as a result of the replacement referred to in subsection (4) must not contain any matter not reasonably to be inferred from both

    • (a) the specification or the drawings contained in the application on its filing date; and

    • (b) the specification or the drawings contained in the application immediately before the replacement.


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