- SHORT TITLE
- INTERPRETATION
- PART I
- Fees
- Communications
- Entry of Patent Agents on Register of Patent Agents
- Appointment of Patent Agents
- Time
- Filing Date
- Examination
- Amendments
- Unity of Invention
- Inventors and Entitlement
- Transfers and Changes of Name
- Registration of Documents
- Reissue
- Disclaimer
- Re-Examination
- Secret Applications and Patents
- Abuse of Rights under Patents
- PART II
- PART III
- Application
- Presentation of Documents
- Petitions
- Appointments of Representative
- Abstracts
- Descriptions
- Drawings
- Photographs
- Claims
- Priority Claims
- Effect of Withdrawals on Public Inspection
- Completing the Application
- Requests for Examination
- Abandonment and Reinstatement
- Maintenance Fees
- Deposits of Biological Material
- Sequence Listings
- PART IV
- PART V
- PART VI
- SCHEDULE I
- SCHEDULE II
- RELATED PROVISIONS
Rules Respecting the Patent Act (SOR/96-423)
Enabling Statute: Patent Act
Regulation current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
Patent Rules
SOR/96-423
Registration August 28, 1996
PATENT ACT
Patent Rules
P.C. 1996-1350 August 28, 1996
His Excellency the Governor General in Council, on the recommendation of the Minister of Industry and the Treasury Board, pursuant to sections 10 and 12a, 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 8.1b, 10c and 12d, subsection 27(2)e, section 27.1f, subsections 28(1), 28.4(2) and (3)g, 35(1)h and 38.1(1)i, sections 46j and 48k and subsections 73(1) and (2)l of the Patent Act, hereby makes the annexed Rules respecting the Patent Act.
a R.S., c. 33 (3rd Supp.), s. 3
b S.C. 1993, c. 15, s. 27
c S.C. 1993, c. 15, s. 28
d S.C. 1993, c. 15, s. 29
e S.C. 1993, c. 15, s. 31
f S.C. 1993, c. 15, s. 32
g S.C. 1993, c. 15, s. 33
h R.S., c. 33 (3rd Supp.), s. 12
i S.C. 1993, c. 15, s. 41
j S.C. 1993, c. 15, s. 43
k S.C. 1993, c. 15, s. 44
l S.C. 1993, c. 15, s. 52
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” has the same meaning as in the PCT sequence listing standard; (séquence d’acides aminés)
“amino acids” [Repealed, SOR/2007-90, s. 1]
“application” means, except as otherwise provided by these Rules, an application for a patent, but does not include an application 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)
“Canadian Patent Office Record” means the Canadian Patent Office Record referred to in subsection 78(3) of the Act; (Gazette du Bureau des brevets)
“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; (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” has the same meaning as in the PCT sequence listing standard; (séquence de nucléotides)
“nucleotides” [Repealed, SOR/2007-90, s. 1]
“patent agent” means any person or firm whose name is entered on the register of patent agents pursuant to section 15; (agent de brevets)
“Patent Cooperation Treaty” means the Patent Cooperation Treaty, done at Washington on June 19, 1970, including any amendments, modifications and revisions made from time to time to which Canada is a party; (Traité de coopération en matière de brevets)
“Patent Office” means the Patent Office established by section 3 of the Act; (Bureau des brevets)
“PCT national phase application” means an international application in respect of which the applicant has complied with the requirements of subsection 58(1) and, where applicable, subsection 58(2); (demande PCT à la phase nationale)
“PCT sequence listing standard” means the Standard for the Presentation of Nucleotide and Amino Acid Sequence Listings in International Patent Applications under the PCT provided for in the Administrative Instructions under the Patent Cooperation Treaty; (Norme PCT de listages des séquences)
“period of grace” means a period of grace within the meaning of Article 5bis(1) of the Paris Convention for the Protection of Industrial Property, made on March 20, 1883 and any amendments and revisions to which Canada is a party. (délai de grâce)
“petition” means a petition referred to in section 27 of the Act; (pétition)
“Regulations under the Budapest Treaty” means the