Patent Rules (SOR/2019-251)

AMENDMENTS NOT IN FORCE

• — SOR/2023-113, s. 1

  • 1 Paragraphs 44(2)(a) and (b) of the Patent RulesFootnote ¹ are replaced by the following:

    • Return to footnote ¹SOR/2019-251

    • (a) in respect of an application for a patent — other than a PCT national phase application or a divisional application — the applicant of the application on the filing date is, on that date, an entity that has fewer than 100 employees or is a university, other than

      • (i) an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more, or

      • (ii) an entity that has transferred or licensed, or has an obligation other than a contingent obligation to transfer or license, any right or interest in a claimed invention to an entity, other than a university, that has 100 employees or more;

    • (b) in respect of an international application, the applicant of the application on the national phase entry date is, on that date, an entity that has fewer than 100 employees or is a university, other than an entity referred to in subparagraph (a)(i) or (ii); and

• — SOR/2023-113, s. 3

  • 3 Paragraphs 112(2)(a) and (b) of the Rules are replaced by the following:

    • (a) in respect of a patent granted on the basis of an application for a patent — other than a PCT national phase application or a divisional application — the applicant of the application on the filing date is, on that date, an entity that has fewer than 100 employees or is a university, other than

      • (i) an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more, or

      • (ii) an entity that has transferred or licensed, or has an obligation other than a contingent obligation to transfer or license, any right or interest in a claimed invention to an entity, other than a university, that has 100 employees or more;

    • (b) in respect of a patent granted on the basis of a PCT national phase application, the applicant of the application on the national phase entry date is, on that date, an entity that has fewer than 100 employees or is a university, other than an entity referred to in subparagraph (a)(i) or (ii); and

• — SOR/2023-113, s. 4

  • 4 Subsection 122(3) of the Rules is replaced by the following:

    • Exception — small entity status condition

      (3) In respect of a request for re-examination under subsection 48.1(1) of the Act by a person other than the patentee, the small entity status condition is that the person requesting the re-examination is, on the date of the request, an entity that has fewer than 100 employees or is a university, other than an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more.

• — SOR/2023-113, s. 5

  • 5 The Rules are amended by adding the following after section 148:

    • Late payment fee

      148.1 An applicant of an international application filed with the Commissioner must pay the late payment fee set out in Rule 16bis.2 of the Regulations under the PCT if an invitation is sent to that applicant by the Commissioner under Rule 16bis.1(a) of the Regulations under the PCT.

• — SOR/2023-113, s. 6

  • 6 The Rules are amended by adding the following after section 150:

    • Late payment fee

      150.1 An applicant of an international application filed with the Commissioner must pay the late payment fee set out in Rule 58bis.2 of the Regulations under the PCT if an invitation is sent to that applicant by the Commissioner under Rule 58bis.1(a) of the Regulations under the PCT.

• — SOR/2023-113, s. 11

  • 11 The portion of item 1 of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item	Column 2
    	Amount ($)
    1	277.00

• — SOR/2023-113, s. 12

  • 12 The portion of item 6 of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item			Column 2
    			Amount ($)
    6	(a)		225.00
    	(b)		555.00

• — SOR/2023-113, s. 13

  • • 13 (1) The portion of subparagraph 8(a)(ii) of Schedule 2 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      8(a)(ii)	125.00

    • (2) The portion of subparagraph 8(b)(ii) of Schedule 2 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      8(b)(ii)	277.00

    • (3) The portion of subparagraph 8(c)(ii) of Schedule 2 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      8(c)(ii)	347.00

    • (4) The portion of paragraph 8(d) of Schedule 2 to the Rules in column 2 is replaced by the following:

      Item			Column 2
      			Amount ($)
      8	(d)	(i)	253.00
      		(ii)	624.00

• — SOR/2023-113, s. 14

  • 14 The portion of item 10 of Schedule 2 to the Rules in column 2 is replaced by the following:

    		Column 2
    Item		Fee ($)
    10	(a)(i)(A)	110.00
    	(B)	277.00
    	(ii)(A)	450.00
    	(B)	1,110.00
    	(b)(i)	55.00
    	(ii)	110.00

• — SOR/2023-113, s. 15

  • 15 The portion of items 12 to 22 of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item			Column 2
    			Amount ($)
    12			694.00
    13	(a)		450.00
    	(b)		1,110.00
    14	(a)	(i)	169.00
    		(ii)	416.00
    	(b)		8.00
    	(c)	(i)	55.00
    		(ii)	110.00
    15			277.00
    16			416.00
    17			2,220.00
    18			2,220.00
    19			1,110.00
    20			1,110.00
    21	(a)		225.00
    	(b)		555.00
    22			277.00

• — SOR/2023-113, s. 16

  • 16 The portion of item 24 of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item	Column 2
    	Amount ($)
    24	277.00

• — SOR/2023-113, s. 17

  • • 17 (1) The portion of subparagraph 25(a)(ii) of Schedule 2 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      25(a)(ii)	125.00

    • (2) The portion of subparagraph 25(b)(ii) of Schedule 2 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      25(b)(ii)	277.00

    • (3) The portion of subparagraph 25(c)(ii) of Schedule 2 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      25(c)(ii)	347.00

    • (4) The portion of paragraph 25(d) of Schedule 2 to the Rules in column 2 is replaced by the following:

      Item			Column 2
      			Amount ($)
      25	(d)	(i)	253.00
      		(ii)	624.00

• — SOR/2023-113, s. 18

  • 18 The portion of items 27 to 35 of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item		Column 2
    		Amount ($)
    27		277.00
    28		2,220.00
    29		125.00
    30	(a)	1,124.00
    	(b)	2,775.00
    31	(a)	3,468.00
    	(b)	347.00
    32		277.00
    33		125.00
    34		125.00
    35		125.00

• — SOR/2023-113, s. 19

  • 19 The portion of paragraph 36(a) of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item	Column 2
    	Amount ($)
    36(a)	44.00

• — SOR/2023-113, s. 20

  • 20 The portion of item 37 of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item		Column 2
    		Amount ($)
    37	(a)	44.00
    	(b)	13.00

• — SOR/2023-113, s. 21

  • 21 The portion of paragraph 38(a) of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item	Column 2
    	Amount ($)
    38(a)	1.00

• — SOR/2023-113, s. 22

  • 22 The portion of items 39 and 40 of Schedule 2 to the Rules in column 2 is replaced by the following:

    Item		Column 2
    		Amount ($)
    39	(a)	13.00
    	(b)	13.00
    	(c)	13.00
    40		19.00

• — SOR/2023-113, s. 23

  • • 23 (1) The portion of subparagraph 1(a)(ii) of Schedule 3 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      1(a)(ii)	125.00

    • (2) The portion of subparagraph 1(b)(ii) of Schedule 3 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      1(b)(ii)	277.00

    • (3) The portion of subparagraph 1(c)(ii) of Schedule 3 to the Rules in column 2 is replaced by the following:

      Item	Column 2
      	Amount ($)
      1(c)(ii)	347.00

    • (4) The portion of paragraph 1(d) of Schedule 3 to the Rules in column 2 is replaced by the following:

      Item			Column 2
      			Amount ($)
      1	(d)	(i)	253.00
      		(ii)	624.00