GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Rules — 113
Prescribed Dates 113 For the purposes of subsection 46(1) of the Act, the prescribed dates are (a) for a fee referred to in subsection 112 (1) of these Rules, the anniversary date for which it is paid; and (b) for a fee referred to in subsection 112 (5) of these Rules, the date of the first of the anniversaries of the filing date of the application that fall on or after the day on which the patent was issued.
Patent Rules — 114
Clarification 114 For greater certainty, for the purposes of sections 112 and 113 , a reissued patent is considered to be granted on the basis of the original application and is considered to be issued on the day on which it is reissued.
Patent Rules — 115
Late fee 115 For the purposes of subsection 46(2) of the Act, the prescribed late fee is the fee set out in item 26 of Schedule 2.
Patent Rules — 116
Time — paragraph 46(5)(a) of Act 116 (1) For the purposes of paragraph 46(5)(a) of the Act, the prescribed time is 12 months after the end of the six-month period referred to in subsection 46(4) of the Act. Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply in respect of the time prescribed by subsection (1).
Patent Rules — 117
Additional prescribed fee 117 For the purpose of subparagraph 46(5)(a)(iii) of the Act, the additional prescribed fee is the fee set out in item 27 of Schedule 2.
Patent Rules — 117.01
Submitting application 117.01 (1) For the purposes of paragraph 46.1(1)(c) of the Act, an application for an additional term for a patent must be submitted in writing and must indicate the number of the patent to which the application relates. Correction — patent number (2) An error in the patent number referred to in an application for an additional term may be corrected by the patentee on or before the later of (a) the day that is three months after the day on which the patent is issued; and (b) the day that is one month after the day on which the application is received. Prescribed fee (3) The prescribed fee for an application for an additional term is the standard fee set out in paragraph 41(b) of Schedule 2 or, if the small entity status condition set out in subsection 112(2) is met and a small entity declaration is filed in accordance with subsection 112(3) in respect of the patent or filed in accordance with subsection 44(3) in respect of the application on the basis of which the patent is granted, the small entity fee set out in paragraph 41(a) of Schedule 2. One application (4) Only one application for an additional term may be submitted for a given patent. Dismissal of application (5) If the Commissioner dismisses an application that does not meet the requirements set out in paragraphs 46.1(1)(a) to (c) of the Act, the application is deemed never to have been made and the Commissioner must send a notice to the patentee to that effect. Notice of preliminary determination (6) Following receipt of the application, the Commissioner must send a notice to the patentee indicating the Commissioner’s preliminary determination of the duration of the additional term, unless the application has been dismissed under subsection (5). Observations (7) The patentee may make observations regarding the preliminary determination within two months after the date of the notice. Certificate or dismissal (8) After the end of the period for making observations, the Commissioner must either issue a certificate of additional term in accordance with subsection 46.1(7) of the Act or dismiss the application. The Commissioner must provide reasons for the duration of the additional term set out in the certificate or for the dismissal of the application, as the case may be. SOR/2024-241, s. 15
Patent Rules — 117.02
Prescribed day — paragraph 46.1(2)(a) of Act 117.02 (1) For the purposes of paragraph 46.1(2)(a) of the Act, the prescribed day is the presentation date. Prescribed day — paragraph 46.1(2)(b) of Act (2) For the purposes of paragraph 46.1(2)(b) of the Act, the prescribed day is the national phase entry date. SOR/2024-241, s. 15
Patent Rules — 117.03
during which the operations at the Patent Office are significantly disrupted for all or part of the day during ordinary business hours due to circumstances beyond the control of the Patent Office. List of designated days (4) The Commissioner must publish a list of the days referred to in subsection (3) on the website of the Canadian Intellectual Property Office. Days included in period (5) The number of days in any period referred to in subsection (1) includes the first day but does not include the last day. Day included in more than one period (6) If a day is included in more than one period referred to in subsection (1), that day is included only once in the sum referred to in that subsection. Days not included (7) The periods referred to in subsection (1) are deemed not to include any day before the applicable day referred to in subsection 46.1(2) of the Act or any day after the day on which the patent is issued. Previous days not included (8) If the fifth anniversary of the applicable day referred to in subsection 46.1(2) of the Act falls before the third anniversary of the first day, without taking subsection 35(4) of the Act into account, on which a request for examination has been made under section 35 of the Act in respect of the application for the patent, the prescribed fee referred to in subsection 35(1) of the Act has been paid and, if applicable, the prescribed late fee referred to in paragraph 35(3)(a) of the Act has been paid, the periods referred to in subsection (1) are deemed not to include the days preceding that first day. Withdrawn communication (9) If a communication sent by the Commissioner or the Patent Office is withdrawn, that communication is not considered to have been sent for the purposes of determining the periods referred to in subsection (1), except for the purposes of determining those referred to in paragraph (1)(z.05), (z.06) or (z.07). Number equal to zero (10) If the day on which a period referred to in subsection (1) ends on or before the day on which the period begins, the number of days in the period is zero. End of period (11) If a period that begins under subsection (1) does not end under subsection (1) on or before the day on which the patent is issued, then the period ends on that day. Non-application of paragraph (1)(z.08) (12) Paragraph (1)(z.08) does not apply in respect of a notice requiring the applicant to take an action within a specified period if the applicant, on the day on which they notify the Commissioner in writing that they did not receive the notice, files a statement that they are notifying the Commissioner without undue delay after they became aware of the notice and the fact that they had not received it. SOR/2024-241, s. 15
Patent Rules — 117.04
Information on certificate 117.04 (1) A certificate issued under subsection 46.1(7), 46.3(5) or 46.4(3) of the Act must indicate the filing date of the application on the basis of which the patent was granted, the title of the invention and the day on which the certificate is issued. Correction of certificate (2) The Commissioner is authorized to correct any typographical error in a certificate issued under subsection 46.1(7), 46.3(5) or 46.4(3) of the Act. Availability of certificate (3) The Commissioner must make available on the website of the Canadian Intellectual Property Office a copy of any certificate of additional term or amended certificate of additional term issued by the Commissioner. SOR/2024-241, s. 15
Patent Rules — 117.05
Prescribed fee 117.05 (1) Subject to subsection (3), for the purposes of subsection 46.2(1) of the Act, the prescribed fee to maintain the rights accorded by a patent in effect is, for an anniversary date set out in item 43 of Schedule 2 that falls on or after the day on which the patent was issued, (a) the small entity fee set out in paragraph 43(a) of that Schedule, if the small entity status condition set out in subsection 112(2) is met and a small entity declaration is filed in accordance with subsection 112(3) in respect of the patent or in accordance with subsection 44(3) in respect of the application on the basis of which the patent was granted (i) on or before that anniversary date, or (ii) if a notice is required to be sent under paragraph 46.2(2)(b) of the Act, before the notice is sent or, if the notice is sent, before the later of the end of the six-month period that follows that anniversary date and the end of the two-month period that follows the date of the notice; and (b) in any other case, the standard fee set out in paragraph 43(b) of that Schedule. Non-application of subsection 3(1) (2) Subsection 3(1) does not apply in respect of the periods of time referred to in subsection (1). Exception (3) For the purposes of subsection 46.2(1) of the Act, if a patent is granted on the basis of an application for a patent after the 19th anniversary of the filing date of the application, and a fee in respect of the application was payable under subsection 27.1(1) of the Act for an anniversary of the filing date of the application that fell within the 12-month period preceding the day on which the patent was issued but the fee was not paid before that day, the prescribed fee to maintain in effect the rights accorded by the patent is, for the date of the first anniversary of the filing date of the application that falls on or after the day on which the patent was issued, the total of (a) the unpaid fee, (b) the late fee set out in item 44 of Schedule 2, and (c) the fee prescribed by paragraph (1)(a) or (b) for that first anniversary, as applicable. SOR/2024-241, s. 15
Patent Rules — 117.06
Prescribed dates 117.06 For the purposes of subsection 46.2(1) of the Act, the prescribed dates are (a) for a fee referred to in subsection 117.05(1) of these Rules, the anniversary date for which it is paid; and (b) for a fee referred to in subsection 117.05(3) of these Rules, the date of the first anniversary of the filing date of the application that falls on or after the day on which the patent was issued. SOR/2024-241, s. 15
Patent Rules — 117.07
Clarification 117.07 For greater certainty, for the purposes of sections 117.05 and 117.06, a reissued patent is considered to be granted on the basis of the original application and is considered to be issued on the day on which it is reissued. SOR/2024-241, s. 15
Patent Rules — 117.08
Late fee 117.08 For the purposes of subsection 46.2(2) of the Act, the prescribed late fee is the fee set out in item 44 of Schedule 2. SOR/2024-241, s. 15
Patent Rules — 117.09
Time — paragraph 46.2(5)(a) of Act 117.09 (1) For the purposes of paragraph 46.2(5)(a) of the Act, the prescribed time is the period of 12 months that follows the end of the six-month period referred to in subsection 46.2(4) of the Act. Non-application of subsection 3(1) (2) Subsection 3(1) does not apply in respect of the time prescribed by subsection (1). SOR/2024-241, s. 15
Patent Rules — 117.1
Additional prescribed fee 117.1 For the purpose of subparagraph 46.2(5)(a)(iii) of the Act, the additional prescribed fee is the fee set out in item 45 of Schedule 2. SOR/2024-241, s. 15
Patent Rules — 118
Form 118 An application for the reissue of a patent under section 47 of the Act must be filed in Form 1 of Schedule 1.
Patent Rules — 119
Prescribed fee 119 For the purpose of subsection 47(1) of the Act, the prescribed fee is the fee set out in item 28 of Schedule 2.
Patent Rules — 120
Form 120 A disclaimer under section 48 of the Act must be filed in Form 2 of Schedule 1.
Patent Rules — 121
Prescribed fee 121 For the purpose of subsection 48(1) of the Act, the prescribed fee is the fee set out in item 29 of Schedule 2.
Patent Rules — 122
Prescribed fee 122 (1) For the purposes of subsection 48.1(1) of the Act, the prescribed fee for a request for re-examination of one or more claims of a patent is (a) the small entity fee set out in item 30 of Schedule 2 if (i) the person requesting re-examination is the patentee, the small entity status condition set out in subsection 112 (2) is met and a small entity declaration is filed in accordance with subsection 112 (3) in respect of the patent or filed in accordance with subsection 44 (3) in respect of the application on the basis of which the patent is granted, or (ii) the person requesting re-examination is not the patentee, the small entity status condition set out in subsection (3) is met and a small entity declaration is filed in respect of the request for re-examination in accordance with subsection (4); and (b) in any other case, the standard fee set out in that item. Clarification (2) For greater certainty, for the purposes of subparagraph (1)(a)(i), a reissued patent is considered to be granted on the basis of the original application. Exception — small entity status condition (3) In respect of a request for re-examination under subsection 48.1(1) of the Act by a person other than the patentee, the small entity status condition is that the person requesting the re-examination is, on the date of the request, an entity that has fewer than 100 employees or is a university, other than an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more. Exception — small entity declaration (4) In respect of a request for re-examination under subsection 48.1(1) of the Act by a person other than the patentee, a small entity declaration must (a) be filed with the Commissioner; (b) identify the request for re-examination to which it relates; (c) contain a statement that the person requesting re-examination believes that the small entity status condition set out in subsection (3) is met in respect of that request; (d) be signed by (i) the person requesting re-examination, (ii) if a document authorizing a foreign practitioner to sign a small entity declaration is signed by the person requesting re-examination and submitted to the Commissioner at the same time as the declaration, that foreign practitioner, or (iii) a patent agent who is appointed in respect of that request; and (e) indicate the name of the person requesting re-examination and, if applicable, the name of the patent agent or the foreign practitioner signing the declaration. SOR/2021-131, s. 20 SOR/2023-113, s. 4
Patent Rules — 123
Numbering of claims 123 An amended claim or a new claim proposed by a patentee under subsection 48.3(2) of the Act must be numbered consecutively in Arabic numerals, beginning with the number immediately following the number of the last claim in the patent.
Patent Rules — 124
Related documents 124 The Commissioner must, on the receipt of a request and the fee set out in item 33 of Schedule 2, register in the Patent Office a document relating to a patent or an application for a patent.
Patent Rules — 125
Name change 125 If an applicant for a patent or a patentee changes their name, the Commissioner must, on the receipt of a request from that applicant or patentee and the fee set out in item 34 of Schedule 2, record that name change.
Patent Rules — 126
Request to record transfer 126 A request to record a transfer under section 49 of the Act must contain the name and postal address of the transferee and be accompanied by the fee set out in item 35 of Schedule 2.
Patent Rules — 127
Condition for recording transfer of application 127 The Commissioner must not record the transfer of an application for a patent under subsection 49(2) of the Act if the request to record the transfer is submitted after the day on which the final fee set out in item 14 of Schedule 2 is paid or, if the final fee is refunded, after the day on which the final fee is paid again. SOR/2022-120, s. 53
Patent Rules — 129
Application fee 129 (1) A person who makes an application under section 65 or 127 of the Act must pay the fee set out in item 31 of Schedule 2. Fee for advertisement (2) If the applicant requests advertisement of the application on the website of the Canadian Intellectual Property Office, they must pay the fee set out in item 32 of Schedule 2.
Patent Rules — 130
Time to deliver counter statement 130 (1) For the purposes of subsection 69(1) of the Act, including that subsection as modified by section 128 of the Act, the prescribed time is four months after the latest of the following dates: (a) in respect of a person that is served with copies of the application and the statutory declarations referred to in subsection 68(1) of the Act, the day on which that person is served or, if the copies of the application and the statutory declarations are served on that person on different days, the later of those days, (b) the day on which the application is advertised in the Canada Gazette , and (c) the day on which the application is advertised on the website of the Canadian Intellectual Property Office. Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply in respect of the time prescribed by subsection (1).
Patent Rules — 131
Time to reply 131 (1) For the purposes of paragraph 73(1)(a) of the Act, the prescribed time is four months after the date of the notice of the requisition made by the examiner. Exception to subsection 3 (1) (2) Subsection 3(1) does not authorize the Commissioner to extend the time prescribed by subsection (1) beyond six months after the date of the notice. Delayed receipt of notice (3) However, in the case of a notice under subsection 86(2) or (5) that was received by the applicant more than one month after the day on which it was sent, the Commissioner may extend the time prescribed by subsection (1) to up to six months after the day on which the notice was received if the applicant (a) applies for the extension within 14 days after the day on which the notice was received; and (b) in that application, provides evidence satisfactory to the Commissioner of the date of receipt of the notice. SOR/2022-120, s. 26
Patent Rules — 132
Application deemed abandoned 132 (1) Subject to subsection (2) and for the purposes of subsection 73(2) of the Act, an application for a patent is deemed to be abandoned if (a) the applicant does not comply with a notice of the Commissioner referred to in subsection 15 (4) within the time referred to in that subsection; (b) a notice is sent under section 31 and the requirements are not complied with within the applicable time referred to in that section; (c) the applicant does not reply in good faith to a request of the Commissioner for further drawings under subsection 27(5.2) of the Act not later than three months after the date of the request; (d) the applicant does not reply in good faith to a notice of the Commissioner referred to in section 65 within the time referred to in that section; (e) the applicant does not make a request for continued examination of an application for a patent and pay the prescribed fee in accordance with subsection 85.1(3); (f) a notice of allowance is sent under subsection 86(1), (6), (10) or (12) and the applicant does not pay the final fee set out in item 14 of Schedule 2 within the time referred to in the applicable subsection; (g) the applicant does not reply in good faith to a conditional notice of allowance of the Commissioner sent under subsection 86(1.1) and pay the final fee set out in item 14 of Schedule 2 within the time referred to in that subsection; or (h) the applicant does not comply with a notice of the Commissioner referred to in subsection 155.5(6) within the time referred to in that subsection. Exception (2) Paragraphs (1)(f) and (g) do not apply in respect of a notice of allowance or a conditional notice of allowance that is set aside in accordance with subsection 85.1(4). SOR/2022-120, s. 27
Patent Rules — 133
Prescribed time — request for reinstatement 133 (1) For the purposes of paragraph 73(3)(a) of the Act, in respect of a failure to take an action, the prescribed time is 12 months after the day on which the application for a patent is deemed, as a result of that failure, to be abandoned. Request for reinstatement — multiple failures (2) A request for reinstatement may be made in respect of more than one failure to take an action, if the request is made before the end of the applicable prescribed time that is the first to end. Failure to pay certain fees (3) If an application for a patent is deemed to be abandoned for failure to pay a fee referred to in subsection 68(1) or (2), 80(1), 85.1(5) or 87(1), the action that should have been taken in order to avoid that abandonment and that the applicant must take before the end of the time prescribed by subsection (1) in order to reinstate the application is (a) the payment of the applicable standard fee; or (b) if the small entity status condition set out in subsection 44 (2) is met, the filing of a small entity declaration in respect of the application in accordance with subsection 44 (3) and the payment of the applicable small entity fee. Non-application of subsection 3 (1) (4) Subsection 3 (1) does not apply to the time prescribed by subsection (1). SOR/2022-120, s. 28
Patent Rules — 134
Prescribed fee 134 (1) Subject to subsection (2) and for the purposes of subparagraph 73(3)(a)(iv) of the Act, the prescribed fee is, for each failure to take an action referred to in the request for reinstatement, the fee set out in item 15 of Schedule 2. Interpretation — failure to take action (2) If both of the following failures to take action are referred to in the request for reinstatement, they are considered to be a single failure to take action: (a) a failure to reply in good faith, within the time referred to in the applicable subsection, to any requisition made by an examiner under subsection 86(2) or (5); and (b) a failure to make a request for continued examination of an application for a patent and pay the prescribed fee in accordance with subsection 85.1(3). SOR/2022-120, s. 29
Patent Rules — 135
Non-application of certain portions of subsection 73(3) of Act 135 (1) Subparagraph 73(3)(a)(ii) and paragraph 73(3)(b) of the Act do not apply (a) in respect of a failure under paragraph 73(1)(a), (b) or (e) or subsection 73(2) of the Act; or (b) in respect of a failure under paragraph 73(1)(d) of the Act if, within six months after the applicable time prescribed by subsection 35(2) of the Act and in respect of that failure, the applicant makes a request for reinstatement to the Commissioner, takes the action that should have been taken in order to avoid the abandonment and pays the fee prescribed by section 134 of these Rules. Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply to the time prescribed by paragraph (1)(b).
Patent Rules — 136
Fee for certified copies 136 (1) A person who requests from the Commissioner a certified copy of a document that is in the Commissioner’s possession must pay the fee set out in item 36 or 37 of Schedule 2, as applicable. Exception (2) Subsection (1) does not apply in respect of a certified copy transmitted under rule 318 of the Federal Courts Rules , including that rule as modified by rule 350 of those Rules.
Patent Rules — 137
Fee for non-certified copies 137 A person who requests from the Commissioner a non-certified copy of a document that is in the Commissioner’s possession must pay the fee set out in item 38 or 39 of Schedule 2, as applicable.
Patent Rules — 138
Fee for requesting information 138 A person who requests that the Patent Office provide information concerning the status of a patent or an application for a patent must pay the fee set out in item 40 of Schedule 2.
Patent Rules — 139
(i) any fee paid, if payment of the fee is waived by the Commissioner; (j) a fee paid under subsection 85.1(3) for the continued examination of an application for a patent, if the fee was paid in response to a notice referred to in subsection 85.1(6); and (k) any fee that is to be refunded under these Rules. Request (2) The Commissioner must not give a refund under any of paragraphs (1)(a) to (h) unless a request for the refund is received not later than three years after the day on which the fee was paid. Services Fee Act (3) The Commissioner must not refund all or part of a fee referred to in subsection (1) that is remitted or is required to be remitted under the Service Fees Act . SOR/2021-131, s. 21 SOR/2022-120, s. 30 SOR/2024-241, s. 17