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Patent Rules (SOR/2019-251)

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Regulations are current to 2020-10-05 and last amended on 2019-10-30. Previous Versions

PART 1Rules of General Application (continued)

Representation (continued)

Marginal note:Notice of disregarded communication

  •  (1) If, in respect of a patent or an application for a patent, a joint applicant or joint patentee who is not the common representative sends a written communication to the Commissioner in respect of any business for which the common representative is entitled to represent the applicants or the patentees, the Commissioner must by notice inform that joint applicant or joint patentee that the Commissioner will not have regard to that communication unless, not later than three months after the date of the notice, that joint applicant or joint patentee is appointed under paragraph 26(3)(a) to represent the applicants or patentees as their common representative and requests that the Commissioner have regard to the communication.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a communication in respect of any business under subsection 36(2), (3) or (4) or to a communication in respect of any business for the purpose of a procedure relating to a patent, other than a communication in respect of business referred to in subsection 37(2).

  • Marginal note:Communication deemed received

    (3) If, not later than three months after the date of the notice referred to in subsection (1), the joint applicant or joint patentee who sent a written communication to the Commissioner is appointed under paragraph 26(3)(a) to represent the applicants or patentees as their common representative and requests that the Commissioner have regard to the communication, the communication is deemed to have been received from the common representative on the date on which it was originally received from the joint applicant or joint patentee.

Marginal note:Notice of disregarded communication

  •  (1) If a patent agent who resides in Canada but who is not appointed to represent an applicant or patentee in respect of a patent or an application for a patent communicates in writing with the Commissioner on behalf of that applicant or patentee in respect of that application or patent, the Commissioner must by notice inform the patent agent that the Commissioner will not have regard to that communication unless, not later than three months after the date of the notice, the patent agent is appointed to represent that applicant or patentee in respect of that application or patent and requests that the Commissioner have regard to the communication.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a communication in respect of any business under subsection 36(2), (3) or (4) or to a communication in respect of any business for the purpose of a procedure relating to a patent, other than a communication in respect of any business referred to in subsection 37(2).

  • Marginal note:Communication deemed received

    (3) If, not later than three months after the date of the notice referred to in subsection (1), the patent agent is appointed to represent that applicant or patentee in respect of that patent or application for a patent and requests that the Commissioner have regard to the communication, the communication is deemed to have been received from the applicant or patentee on the date on which the communication was originally received from the patent agent.

Government-owned Patents

Marginal note:Notice to applicant

 If the Governor in Council orders, under subsection 20(17) of the Act, that an invention described in an application for a patent must be treated for the purposes of section 20 of the Act as if it had been assigned or agreed to be assigned to the Minister of National Defence, the Commissioner must, as soon as the Commissioner is informed of the order, notify the applicant.

Marginal note:Inspection of defence-related application for patent

 The Commissioner must permit a public servant who is authorized in writing by the Minister of National Defence, or an officer of the Canadian Forces who is authorized in writing by the Minister of National Defence, to inspect a pending application for a patent that relates to an instrument or munition of war to do so and to obtain a copy of the application.

Presentation of Application for a Patent

General

Marginal note:Application fee

  •  (1) For the purposes of subsection 27(2) of the Act, the prescribed application fee is

    • (a) the small entity fee set out in item 6 of Schedule 2, if the small entity status condition set out in subsection (2) is met and a small entity declaration is filed in respect of the application for a patent in accordance with subsection (3),

      • (i) on or before the filing date of the application or, in the case of a divisional application, on or before the presentation date of the divisional application, or

      • (ii) if a notice is required to be given under subsection 27(7) of the Act, before the notice is given or, if the notice has been given, not later than three months after the date of the notice; and

    • (b) in any other case, the standard fee set out in that item.

  • Marginal note:Small entity status condition

    (2) The small entity status condition is that

    • (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 50 employees or less or is a university, other than

      • (i) an entity that is controlled directly or indirectly by an entity, other than a university, that has more than 50 employees, 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 more than 50 employees;

    • (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 50 employees or less or is a university, other than an entity referred to in subparagraph (a)(i) or (ii); and

    • (c) in respect of a divisional application, the applicable requirements of this subsection are met in respect of the original application.

  • Marginal note:Small entity declaration

    (3) A small entity declaration must

    • (a) be filed with the Commissioner in the petition or in a document other than the abstract, the specification or the drawings, that identifies the application for a patent to which the declaration relates;

    • (b) contain a statement to the effect that the applicant believes that the small entity status condition set out in subsection (2) is met in respect of that application for a patent;

    • (c) be signed by a patent agent appointed in respect of that application or

      • (i) the applicant, if there is a single applicant, or

      • (ii) any one of the applicants, if there are joint applicants; and

    • (d) indicate the name of the applicant and, if applicable, the name of the patent agent signing the declaration.

  • Marginal note:Non-application of subsection 3(1)

    (4) Subsection 3(1) does not apply in respect of the times referred to in subsection (1).

Marginal note:Late fee

 For the purposes of subsection 27(7) of the Act, the prescribed late fee is the fee set out in item 7 of Schedule 2.

Marginal note:Text in English or French

 The text matter in the abstract, the description, the drawings and the claims, other than any text matter contained in a sequence listing, must be entirely in English or entirely in French.

Marginal note:Page margins — description, claims and abstract

  •  (1) The minimum margins of pages that contain the description, the claims or the abstract must be as follows:

    • top margin, 2 cm
    • left margin, 2.5 cm
    • right margin, 2 cm
    • bottom margin, 2 cm
  • Marginal note:Page margins — drawings

    (2) The minimum margins of pages containing the drawings must be as follows:

    • top margin, 2.5 cm
    • left margin, 2.5 cm
    • right margin, 1.5 cm
    • bottom margin, 1 cm
  • Marginal note:Blank margins

    (3) Subject to subsections (4) and (5), the margins of the pages referred to in subsections (1) and (2) must be completely blank.

  • Marginal note:File reference

    (4) The top margin of the pages referred to in subsections (1) and (2) may contain in either corner an indication of the applicant’s file reference.

  • Marginal note:Line numbering

    (5) The lines of each page of the description and of the claims may be numbered in the left margin.

Marginal note:Line spacing

  •  (1) All text matter in the description and the claims must be at least 1 1/2 line spaced, except for sequence listings, tables and chemical and mathematical formulas.

  • Marginal note:Font size

    (2) All text matter in the description and the claims must be in characters the capital letters of which are not less than 0.21 cm in height.

 
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