- short title
- interpretation
- PART I RULES OF GENERAL APPLICATION
- PART II PATENT COOPERATION TREATY
- PART III APPLICATIONS FILED ON OR AFTER OCTOBER 1, 1996
- Application
- Presentation of Documents
- Petitions
- Appointments of Representative
- Abstracts
- Descriptions
- Drawings
- Photographs
- Claims
- Priority Claims
- Effect of Withdrawals on Public Inspection
- Filing Date
- Completing the Application
- Abandonment and Reinstatement
- Maintenance Fees
- Deposits of Biological Material
- Symbols to be Used for Sequence Listings
- Symbol Meaning
- Symbol
- Meaning
- Format to be Used for Sequence Listings
- Computer-readable Form of Sequence Listings
- PART IV APPLICATIONS FILED IN THE PERIOD BEGINNING ON OCTOBER 1, 1989 AND ENDING ON SEPTEMBER 30, 1996
- PART V APPLICATIONS FILED BEFORE OCTOBER 1, 1989
- SCHEDULE I
- SCHEDULE II
His Excellency the Governor General in Council, on the recommendation of the Minister of Industry and the Treasury Board, pursuant to sections 10 and 12 1 , subsections 20(18), 27(2) and 28(1), sections 35, 46 and 48 and subsections 73(1) and (2) of the Patent Act as it read immediately before October 1, 1989, and sections 8.1 2 , 10 3 and 12 4 , subsection 27(2) 5 , section 27.1 6 , subsections 28(1), 28.4(2) and (3) 7 , 35(1) 8 and 38.1(1) 9 , sections 46 10 and 48 11 and subsections 73(1) and (2) 12 of the Patent Act, hereby makes the annexed Rules respecting the Patent Act.
1 R.S., c. 33 (3rd Supp.), s. 3
2S.C. 1993, c. 15, s. 27
3S.C. 1993, c. 15, s. 28
4S.C. 1993, c. 15, s. 29
5S.C. 1993, c. 15, s. 31
6S.C. 1993, c. 15, s. 32
7S.C. 1993, c. 15, s. 33
8R.S., c. 33 (3rd Supp.), s. 12
9S.C. 1993, c. 15, s. 41
10S.C. 1993, c. 15, s. 43
11S.C. 1993, c. 15, s. 44
12S.C. 1993, c. 15, s. 52
13C.R.C., c. 1250
14SOR/89-453
RULES RESPECTING THE PATENT ACT
SHORT TITLE
1. These Rules may be cited as the Patent Rules.
INTERPRETATION
2. In these Rules,
"Act" means the Patent Act; (Loi)
"amino acid sequence" means
(a) an unbranched sequence of four or more contiguous amino acids, and
(b) any peptide or protein that includes abnormal linkages, cross links and end caps, non-peptidyl bonds or the like; (séquence d'acides aminés)
"amino acids" means those L-amino acids commonly found in naturally occurring proteins and such amino acids when they have been modified; (acides aminés)
"application" means, except as otherwise provided by these Rules, an application for a patent or for the reissue of a patent; (demande)
"associate patent agent" means a patent agent appointed by another patent agent in accordance with section 21; (coagent)
"authorized correspondent" means, in respect of an application,
(a) where the application was filed by the inventor, where no transfer of the inventor's right to the patent or of the whole interest in the invention has been registered in the Patent Office and where no patent agent has been appointed
(i) the sole inventor,
(ii) one of two or more joint inventors authorized by all such inventors to act on their joint behalf, or
(iii) where there are two or more joint inventors and no inventor has been authorized in accordance with subparagraph (ii), the first inventor named in the petition or, in the case of PCT national phase applications, the first inventor named in the international application,
(b) where an associate patent agent has been appointed or is required to be appointed pursuant to section 21, the associate patent agent, or
(c) where paragraphs (a) and (b) do not apply, a patent agent appointed pursuant to section 20; (correspondant autorisé)
"Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, to which Canada is a party; (Traité de Budapest)
"claims" means claims referred to in subsection 27(4) of the Act or in subsection 34(2) of the Act as it read immediately before October 1, 1989; (revendications)
"description" means the part of a specification other than the claims, referred to in section 80; (description)
"divisional application" means an application filed in accordance with subsection 36(2) or (2.1) of the Act; (demande complémentaire)
"international application" means an application filed under the Patent Cooperation Treaty; (demande internationale)
"international depositary authority" means an international depositary authority within the meaning of Article 2(viii) of the Budapest Treaty; (autorité de dépôt internationale)
"nucleotide sequence" means an unbranched sequence of 10 or more contiguous nucleotides; (séquence de nucléotides)
"nucleotides" means those nucleotides that can be represented using the symbols set out in section 115 and such nucleotides when they have been modified; (nucléotides)