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INTELLECTUAL PROPERTY RIGHTS
NATIONAL LEGISLATION - CANADA
Rules Respecting the Patent Act
167. (1) This Part applies to applications filed before October 1, 1989 and to patents issued on the basis of such applications.
(2) For greater certainty, for the purposes of subsection (1)
(a) a divisional application is considered to be filed on the same date as the original application; and
(b) a reissued patent is considered to be issued on the basis of the original application.
168. Any paper received by the Commissioner relating to an application or to a patent shall, for the purposes of the inspection referred to in section 10 of the Act as it read immediately before October 1, 1989, be kept in its original form or be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored papers or information in intelligible form within a reasonable time.
169. Every document filed in connection with a patent or an application shall be presented clearly and legibly on sheets of good quality white paper, which shall not, except in the case of transfer documents, other documents concerning ownership and certified copies of documents, be more than 21.6 cm x 33 cm (8 1/2 inches x 13 inches).
170. The title of an application shall be accurate and concise, and shall not include any trade-mark, coined word or personal name.
171. (1) The specification shall be in undefaced type not smaller than 12 pitch, free from interlineations, cancellations or corrections and at least 1 1/2 line spaced and on each page there shall be a top margin of approximately 3.3 cm (1 1/4 inches), left-hand and bottom margins of approximately 2.5 cm (one inch) and a right-hand margin of approximately 1.3 cm (1/2 inch).
(2) A shorter side of the sheet shall be the bottom, but for tables, charts and the like that cannot satisfactorily be accommodated within the width of the sheet, the right-hand longer side of the sheet shall be the bottom and if a table, chart or the like is longer than the length of the sheet, it may be divided between two or more sheets.
(3) No drawing or sketch, other than a graphic chemical formula or the like, may appear in the specification.
(4) The pages of the description shall be numbered consecutively at the bottom.
(5) Claims shall be numbered consecutively.
172. The text part of the specification shall be wholly in English or wholly in French.
173. (1) The description shall not incorporate by reference another document.
(2) The description shall not refer to a document that does not form part of the application unless the document was available to the public on the filing date of the application or if the document is a pending application filed in Canada.
(3) Any document referred to in the description shall be fully identified.
174. (1) Claims must be complete independently of any document referred to in the description.
(2) Every claim must be fully supported by the description.
(3) Reference may be made in a claim to a preceding claim or claims.
175. (1) An application shall contain an abstract that provides technical information and that cannot be taken into account for the purpose of interpreting the scope of protection sought or obtained.
(2) The abstract shall consist of a brief technical statement of the description indicative of the utility of the invention and the manner in which the invention is distinguishable from other inventions.
176. Any trade-mark that is mentioned in the application shall be identified as such.
177. (1) Drawings furnished in support of an application shall comply with the following requirements:
(a) every sheet shall have a clear margin of at least 2.5 cm (1 inch) on all sides;
(b) every drawing shall be prepared with clear black lines;
(c) all views on the same sheet shall stand in the same direction and, if possible, stand so that a shorter side of the sheet is the bottom but if a view longer than the width of a sheet is necessary, it may stand so that the right-hand longer side of the sheet becomes the bottom, and if a view longer than the length of a sheet is necessary, it may be divided between two or more sheets;
(d) all views shall be on a sufficiently large scale so as to be easily read and shall be separated by sufficient spaces to keep them distinct but shall not be on a larger scale or separated by greater spaces than is necessary for such purposes;
(e) section lines, lines for effect and shading lines shall be as few as possible and shall not be closely drawn;
(f) reference characters shall be clear and distinct and not less than 0.3 cm (1/8 inch) in height;
(g) the same reference character shall be used for the same part in different views and shall not be used to designate different parts;
(h) a reference character should not be placed on a shaded surface, but if it is so placed a blank space shall be left in the shading where it appears;
(i) the views shall be numbered consecutively throughout without regard to the number of sheets; and
(j) nothing shall appear on a sheet except the drawings and the reference characters and legends pertaining to the drawings.
(2) Drawings shall be delivered to the Commissioner free of folds, breaks, creases or other imperfections.
178. (1) The filing date of an application referred to in subsection 27(1) of the Act as it read immediately before October 1, 1989 is the date on which the fee for filing it was paid and the following documents relating to it were filed:
(a) a statement that the granting of a patent is sought, executed by the applicant or a patent agent on the applicant's behalf;
(b) a specification, including claims;
(c) any drawing referred to in the specification; and
(d) an abstract of the description, which abstract may be inserted at the beginning of the specification.
(2) Where paragraphs (1)(a) to (c) have been complied with in respect of an application, the application may, notwithstanding that the whole of subsection (1) has not been complied with, be given a filing date by the Commissioner if the Commissioner is satisfied that it would be unjust not to do so, and in such case, the filing date given to the application is the day on which paragraphs (1)(a) to (c) were complied with by the applicant.
179. For the application of Article 4D of the Paris Convention for the Protection of Industrial Property, made on March 20, 1883 and any amendments and revisions to which Canada is party, the protection of section 28 of the Act as it read immediately before October 1, 1989 may not be claimed in respect of an application filed in Canada unless, while the application is pending, the applicant claims the protection of that section and informs the Commissioner of the filing date and number of each application in a country other than Canada on which the applicant bases the claim.
180. Where a previously regularly filed application on the basis of which a request for priority is based is taken into account by an examiner pursuant to sections 27 and 28 of the Act as it read immediately before October 1, 1989, the examiner may requisition the applicant to file a certified copy of the previously regularly filed application and a certificate from the patent office in which the application was filed indicating the actual date of its filing.
181. No person shall amend the specification or drawings to describe or add matter not reasonably to be inferred from the specification or drawings as originally filed.
182. (1) For the purposes of sections 45 and 46 of the Act, the applicable fee to maintain the rights accorded by a patent issued on or after October 1, 1989, set out in item 32 of Schedule II, shall be paid in respect of the periods set out in that item before the expiry of the times provided in that item.
(2) In subsection (1), "patent" does not include a reissued patent.
(3) Subject to subsection (4), for the purposes of section 45 of the Act, the applicable fee to maintain the rights accorded by a reissued patent, set out in item 32 of Schedule II, shall be paid in respect of the same periods and before the expiry of the same times, including periods of grace, as for the original patent.
(4) No fee to maintain the rights accorded by a reissued patent is payable
(a) if the original patent was issued before October 1, 1989; or
(b) in respect of any period for which a fee was paid to maintain the rights accorded by the original patent.
(5) Where, before October 1, 1996, a fee to maintain the rights accorded by a patent was paid under section 80.1 of the Patent Rules as they read immediately before that date for a one-year period commencing immediately after a particular anniversary, for the purposes of this section, that fee shall be considered to have been paid for the one-year period commencing immediately after the subsequent anniversary.
(6) For the purposes of subsection (5), "anniversary" means the anniversary of the date on which the patent was issued.
183. For the purposes of subsection 38.1(1) of the Act, where a specification in an application filed in Canada, or in a patent issued on the basis of such an application, refers to a deposit of biological material, the deposit shall be considered to be in accordance with these regulations if sections 184 to 186 are complied with.
184. (1) Subject to subsection (2), the deposit of the biological material shall be made by the applicant with an international depositary authority on or before the filing date of the application.
(2) The deposit with an international depositary authority may be made by the applicant after the filing date of the application provided that
(a) a deposit was made by the applicant in a depositary other than an international depositary authority on or before the filing date of the application in a manner so that, after the issuance of the patent, samples of the deposit are made available to the public;
(b) the applicant informs the Commissioner of the name of the depositary referred to in paragraph (a) and the date of making of the deposit on or before January 1, 1998; and
(c) the deposit with the international depositary authority is made on or before October 1, 1997.
(3) The applicant shall inform the Commissioner of the name of the international depositary authority, the date of the original deposit with the international depositary authority and the accession number given by the international depositary authority to the deposit, on or before January 1, 1998.
185. Where, pursuant to Rule 5 of the Regulations under the Budapest Treaty, samples of biological material are transferred to a substitute international depositary authority for the reason that the original international depositary authority has discontinued the performance of functions, the applicant or the patentee must inform the Commissioner of the name of the substitute international depositary authority and of the new accession number given to the deposit by the substitute international depositary authority on or before the later of January 1, 1998 and the expiry of the three-month period after the date of issuance of a receipt by the substitute international depositary authority.
186. (1) Where a new deposit is made with another international depositary authority pursuant to Article 4(1)(b)(i) or (ii) of the Budapest Treaty, the applicant or the patentee must inform the Commissioner of the name of that authority and of the new accession number given to the deposit by that authority on or before the later of January 1, 1998 and the expiry of the three-month period after the date of issuance of a receipt by that authority.
(2) Where, pursuant to Article 4 of the Budapest Treaty, the depositor is notified of the inability of the international depositary authority to furnish samples and no new deposit is made in accordance with that Article, the application or patent shall, for the purposes of any proceedings in respect of that application or patent, be treated as if the deposit had never been made.
187. (1) The Commissioner shall publish in the Canadian Patent Office Record a form for making a request for the furnishing of a sample of a deposit, the contents of which shall be the same as the contents of the form referred to in Rule 11.3(a) of the Regulations under the Budapest Treaty.
(2) Where a specification in a Canadian patent refers to a deposit of biological material by the applicant, and where a person files with the Commissioner a request made on the form referred to in subsection (1), the Commissioner shall make the certification referred to in Rule 11.3(a) of the Regulations under the Budapest Treaty in respect of that person.
(3) Where the Commissioner makes a certification pursuant to subsection (2), the Commissioner shall send a copy of the request together with the certification to the person who filed the request.
188. The Patent Rules are repealed.
189. The Patent Cooperation Treaty Regulations are repealed.
190. These Rules come into force on October 1, 1996.
Application for Reissue
1. The patentee of Patent No. , granted on for an invention entitled , requests that a new patent be issued, in accordance with the accompanying amended specification, for the unexpired term for which the original patent was granted and agrees to surrender the original patent effective on the issue of a new patent.
2. The name and complete address of the patentee is .
3. The respects in which the patent is deemed defective or inoperative are .
4. The error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, in the following manner: .
5. The knowledge of the new facts giving rise to the application were obtained by the patentee on or about in the following manner: .
6. The patentee appoints , whose complete address in Canada is , as the patentee's representative in Canada pursuant to section 29 of the Patent Act.
7. The patentee appoints , whose complete address is , as the patentee's patent agent.
In sections 2, 6 and 7, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.
1. The patentee of Patent No. , granted on for an invention entitled , has, by mistake, accident or inadvertence, and without any wilful intent to defraud or mislead the public,
2. The name and complete address of the patentee is .
3. (1) The patentee disclaims the entirety of claim .
(2) The patentee disclaims the entirety of claim with the exception of the following: .
In section 1, the word "first" may be included only for patents issued on the basis of an application filed before October 1, 1989.
In section 2, the name and address must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, street name and number, city, province or state, postal code, telephone number, fax number and country.
With respect to each claim covered by the disclaimer, the patentee shall include in the disclaimer either subsection 3(1) or (2).
Petition for Grant of a Patent
1. The applicant, , whose complete address is , requests the grant of a patent for an invention, entitled , which is described and claimed in the accompanying specification.
2. This application is a division of application number , filed in Canada on .
3. (1) The applicant is the sole inventor.
(2) The inventor is , whose complete address is , and the applicant owns in Canada the whole interest in the invention.
4. The applicant requests priority in respect of the application on the basis of the following previously regularly filed application:
5. The applicant appoints , whose complete address in Canada is , as the applicant's representative in Canada, pursuant to section 29 of the Patent Act.
6. The applicant appoints , whose complete address is , as the applicant's patent agent.
7. The applicant believes that the applicant is entitled to claim status as a "small entity" as defined under section 2 of the Patent Rules.
8. The applicant requests that Figure No. of the drawings accompany the abstract when it is open to public inspection under section 10 of the Patent Act or published.
In section 1, subsection 3(2) and sections 5 and 6, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.
In sections 5 and 6, appointment of representatives and appointment of patent agents may also be done in a separate document.
The applicant shall include in the petition either subsection 3(1) or (2).
Requests for priority may be done in section 4 of the petition or in a
Continue with Part VI: Schedule II (Section 3): Tariff of Fees