Patent Rules (SOR/2019-251)

RELATED PROVISIONS

• — SOR/2021-131, s. 27

  • • 27 (1) The following definitions apply in this section.

      former Rules

      former Rules means the Patent Rules as they read immediately before the day on which these Rules come into force. (anciennes règles)

      new Rules

      new Rules means the Patent Rules as they read on the day on which these Rules come into force. (nouvelles règles)

    • (2) On the day on which these Rules come into force,

      • (a) the appointment of any patent agent who is not resident in Canada is revoked;

      • (b) an associate patent agent who was appointed by a patent agent who is not resident in Canada is deemed to have been appointed as a patent agent under section 27 of the former Rules;

      • (c) all the patent agents who are members of a firm that was appointed as a patent agent under section 27 of the former Rules are deemed to be appointed under section 27 of the new Rules; and

      • (d) all the patent agents who are members of a firm that was appointed as an associate patent agent under section 28 of the former Rules are deemed to be appointed under section 28 of the new Rules.

• — SOR/2022-120, s. 60

  • 60 In respect of an application for a patent that has a filing date before the day on which this section comes into force, a sequence listing may, for the purposes of subsection 58(1) of the Patent Rules, comply with the PCT sequence listing standard as defined in subsection 1(1) of the Patent Rules as they read immediately before the day on which this section comes into force.

• — SOR/2022-120, s. 61

  • 61 Subsections 80(1) and 85.1(1) and subparagraphs 87(1)(a)(iii) and (b)(iii) of the Patent Rules do not apply in respect of the examination of an application for a patent if all of the following actions are taken before October 3, 2022:

    • (a) the request for the examination of the application is made;

    • (b) the prescribed fee for the examination of an application referred to in subsection 80(1) of the Patent Rules, as it read immediately before October 3, 2022, is paid; and

    • (c) if applicable, the prescribed late fee referred to in section 82 of the Patent Rules is paid.