GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Rules — 139.1
Waiver — paragraph 3(4)(d) 139.1 (1) In the case where the Commissioner considers that the circumstances do not justify requiring the statement and the application referred to in paragraph 3(4)(c), the Commissioner is authorized to waive, in favour of the applicant or patentee, payment of the difference referred to in paragraph 3(4)(d) if the Commissioner considers that the circumstances justify the waiver. Additional waiver (2) In the case where the Commissioner waives payment under subsection (1), the Commissioner is also authorized to waive, in favour of any applicant or patentee, payment of the difference between the amount specified in the erroneous information provided by the Commissioner and the amount that should have been specified if (a) the Commissioner provided the same erroneous information concerning the amount of the fee in question; (b) the period of time for the payment of the fee has not expired; (c) the payment of the insufficient amount is made not later than the earlier of the day that is four months after the day on which the Commissioner issues the waiver under subsection (1) and the day fixed by the Commissioner; and (d) the Commissioner considers that the circumstances justify the waiver. Non-application of subsection 3(1) (3) Subsection 3(1) does not apply to the time referred to in paragraph (2)(c). SOR/2024-50, s. 2
Patent Rules — 140
Waiver of fee — request to correct errors 140 (1) The Commissioner is authorized to waive the payment of the fee set out in item 24 of Schedule 2 that is payable for a request for a correction if the request is in regard to an error made by the Commissioner and if the Commissioner is satisfied that the circumstances justify it. Waiver of fee — reissue of patent (2) The Commissioner is authorized to waive the payment of the fee set out in item 28 of Schedule 2 for filing an application to reissue a patent if the application for reissue is as a result of an error made by the Commissioner and if the Commissioner is satisfied that the circumstances justify it. Waiver of fee — extension of time (3) The Commissioner is authorized to waive the payment of the fee set out in item 1 of Schedule 2 that is payable for filing an application for an extension of the time for replying to a requisition made under subsection 86(2) or (5) if (a) the notice sent under subsection 86(2) or (5) was received by the applicant more than one month after the day on which the notice was sent; (b) the applicant applies for the extension within 14 days after the day on which the notice was received and, in that application, provides evidence satisfactory to the Commissioner of the date of receipt of the notice; and (c) the Commissioner is satisfied that the circumstances justify it. SOR/2022-120, s. 31
Patent Rules — 141
Definitions 141 The following definitions apply in this Part. international filing date means the date accorded to an international application under Article 11 of the Patent Cooperation Treaty. ( date du dépôt international ) priority date has the same meaning as in Article 2(xi) of the Patent Cooperation Treaty. ( date de priorité )
Patent Rules — Patent Rules
international filing date means the date accorded to an international application under Article 11 of the Patent Cooperation Treaty. ( date du dépôt international )
Patent Rules — Patent Rules
priority date has the same meaning as in Article 2(xi) of the Patent Cooperation Treaty. ( date de priorité )
Patent Rules — 142
International applications 142 (1) Subject to subsection (2) and subsections 154 (11) and (12), the provisions of the Patent Cooperation Treaty, the Regulations under the PCT and the Administrative Instructions under the PCT apply in respect of (a) an international application filed with the Commissioner; and (b) an international application in which Canada is designated under the Patent Cooperation Treaty. Exceptions (2) Article 24(2) of the Patent Cooperation Treaty and Rule 49.6 of the Regulations under the PCT do not apply in respect of an international application in which Canada is designated under the Patent Cooperation Treaty. SOR/2022-120, s. 54
Patent Rules — 143
Receiving Office 143 If an international application is filed with the Commissioner and the applicant or, if there is more than one applicant, at least one of the applicants, is a national or resident of Canada, the Commissioner must act as a receiving Office in accordance with the Patent Cooperation Treaty, the Regulations under the PCT and the Administrative Instructions under the PCT. SOR/2022-120, s. 54
Patent Rules — 144
Application in English or French 144 An international application, other than any text matter contained in a sequence listing, that is filed with the Commissioner must be entirely in English or entirely in French.
Patent Rules — 145
International Searching Authority and International Preliminary Examining Authority 145 The Commissioner must act as an International Searching Authority and an International Preliminary Examining Authority in accordance with the Patent Cooperation Treaty, the Regulations under the PCT and the Administrative Instructions under the PCT. SOR/2022-120, s. 54
Patent Rules — 145.1
Appointment of all the patent agents 145.1 If all of the agents at the same firm are appointed under Rule 90 of the Regulations under the PCT to represent an applicant before the Commissioner, section 28.1, subsection 29(2) and section 29.1 apply in respect of the appointment. SOR/2021-131, s. 22
Patent Rules — 146
Fees payable in Canadian currency 146 (1) Fees payable under Rules 15 and 57 of the Regulations under the PCT must be paid in Canadian currency. Patent Cooperation Treaty Fund (2) Money received under Rules 15 and 57 of the Regulations under the PCT must be deposited in the account entitled the Patent Cooperation Treaty Fund within the account entitled the Canadian Intellectual Property Office Revolving Fund and must be paid out of that account in accordance with those Rules.
Patent Rules — 147
Transmittal fee 147 An applicant of an international application filed with the Commissioner must pay the transmittal fee set out in item 16 of Schedule 2 for the performance of the tasks referred to in Rule 14 of the Regulations under the PCT.
Patent Rules — 148
Search fee 148 An applicant of an international application filed with the Commissioner must pay the search fee set out in item 17 of Schedule 2 for the performance of the tasks referred to in Rule 16 of the Regulations under the PCT.
Patent Rules — 148.1
Late payment fee 148.1 An applicant of an international application filed with the Commissioner must pay the late payment fee set out in Rule 16 bis .2 of the Regulations under the PCT if an invitation is sent to that applicant by the Commissioner under Rule 16 bis .1(a) of the Regulations under the PCT. SOR/2023-113, s. 5
Patent Rules — 149
Additional fee 149 The amount of the additional fee for searching under Article 17(3)(a) of the Patent Cooperation Treaty is the fee set out in item 18 of Schedule 2.
Patent Rules — 150
Preliminary examination fee 150 An applicant of an international application filed with the Commissioner who requests an international preliminary examination must pay the preliminary examination fee set out in item 19 of Schedule 2 for the performance of the tasks referred to in Rule 58 of the Regulations under the PCT.
Patent Rules — 150.1
Late payment fee 150.1 An applicant of an international application filed with the Commissioner must pay the late payment fee set out in Rule 58 bis .2 of the Regulations under the PCT if an invitation is sent to that applicant by the Commissioner under Rule 58 bis .1(a) of the Regulations under the PCT. SOR/2023-113, s. 6
Patent Rules — 151
Additional fee 151 The amount of the additional fee for an international preliminary examination under Article 34(3)(a) of the Patent Cooperation Treaty is the fee set out in item 20 of Schedule 2.
Patent Rules — 152
Designated Office 152 If an international application in which Canada is designated under the Patent Cooperation Treaty is filed, the Commissioner must act as the designated Office in accordance with the Patent Cooperation Treaty, the Regulations under the PCT and the Administrative Instructions under the PCT. SOR/2022-120, s. 54
Patent Rules — 153
Elected Office 153 If an international application in which Canada is designated under the Patent Cooperation Treaty is filed and the applicant has elected Canada under Article 31 of the treaty, the Commissioner must act as an elected Office in accordance with the Patent Cooperation Treaty, the Regulations under the PCT and the Administrative Instructions under the PCT. SOR/2022-120, s. 54
Patent Rules — 154
d to in subsection (8) for complying with the notice beyond the later of the end of a period of six months after the date of the notice and the end of a period of 30 months after the priority date. Non-application of Article 48(2) of Patent Cooperation Treaty (11) Article 48(2) of the Patent Cooperation Treaty does not apply in respect of the times referred to in subsection (1), (2), (3) or (4) of this section or in respect of any time limit applicable to a PCT national phase application. Non-application of certain Rules under the PCT (12) Rules 49 ter .1(f) and 49 ter .2 of the Regulations under the PCT do not apply to a PCT national phase application. New PCT national phase application (13) Once an international application becomes a PCT national phase application, it may not become a new PCT national phase application unless the earlier PCT national phase application is withdrawn. SOR/2022-120, s. 32 SOR/2023-113, s. 7 SOR/2024-241, s. 18
Patent Rules — 155
Application of Canadian legislation 155 (1) If an international application becomes a PCT national phase application, the application is considered, beginning on its national phase entry date, to be an application for a patent filed in Canada and, subject to sections 157 to 163 , the Act and these Rules apply beginning on that date in respect of that application. National phase entry date (2) Subject to section 210 , the national phase entry date of an application for a patent is (a) if the applicant has not complied with the applicable requirements of subsection 154 (3), the day on which the applicant complied with the requirements of subsection 154 (1) and, if applicable, subsection 154 (2) or, if the applicant complied with those requirements on different days, the latest of those days; and (b) if the applicant has complied with the applicable requirements of subsection 154 (3), the day on which the applicant complied with those requirements or, if the applicant complied with those requirements on different days, the latest of those days. Small entity declaration (3) For the purpose of subsection (2), an applicant is not considered to have paid the fee referred to in subparagraph 154 (1)(c)(i), paragraph 154 (2)(a) or clause 154 (3)(a)(iii)(A) or 154 (3)(b)(i)(A) or (ii)(A) until the small entity declaration has been filed. (4) [Repealed, SOR/2022-120, s. 33] (5) [Repealed, SOR/2022-120, s. 33] SOR/2022-120, s. 33
Patent Rules — 155.1
Translation — part of description or claims 155.1 (1) At or before the time that an international application becomes a PCT national phase application, the applicant must submit to the Commissioner a translation of any part of the description — other than any sequence listings — and any part of the claims that are in a language other than English or French. Translation — abstract, request or statement (2) At or before the time that an international application becomes a PCT national phase application, the applicant must submit to the Commissioner a translation of any of the following elements, or any part of the following elements, that are in a language other than English or French: (a) any language-dependent free text contained in a sequence listing that does not also appear in English or French; (b) any text matter in a drawing; (c) the abstract; (d) the request referred to in article 4 of the Patent Cooperation Treaty, except if the International Bureau of the World Intellectual Property Organization has published the international application on or before the national phase entry date; and (e) any statement made under Article 19 of the Patent Cooperation Treaty. SOR/2022-120, s. 34
Patent Rules — 155.2
Error in translation — notice 155.2 (1) If the Commissioner, before a request for examination is made, or an examiner, in the course of examining an application for a patent, has reasonable grounds to believe that a translation submitted under paragraph 154(1)(b) or (b.1) or section 155.1 contains an error, the Commissioner or the examiner, as the case may be, must by notice inform the applicant of the error. Error in translation — correction (2) An applicant may correct a translation submitted under paragraph 154(1)(b) or (b.1) or section 155.1 that contains an error by submitting the following to the Commissioner before the day on which a notice of allowance or a conditional notice of allowance is sent or, if that notice is withdrawn by the Commissioner or set aside in accordance with subsection 85.1(4), before the day on which a notice of allowance or a conditional notice of allowance is sent again: (a) the corrected translation; (b) a request that the corrected translation replace the original translation; and (c) a statement to the effect that (i) at the time the original translation was submitted, it would have been obvious to a skilled translator fluent in both the original language and the language of translation that the original translation contained an error and that the corrected translation is an accurate translation, (ii) the error in the original translation occurred despite due care having been taken in its preparation, and (iii) the request is being made within a reasonable time after the applicant became aware of the error. Date of replacement (3) Subject to subsection (4), a corrected translation submitted in accordance with subsection (2) replaces the original translation and is considered to have been submitted on the day on which the original translation was submitted. Open to public inspection — date (4) For the purposes of subsection 55(2) of the Act, if a corrected translation of any part of the specification contained in an application for a patent is submitted under subsection (2) after the application became open to public inspection, in English or French, under section 10 of the Act, the specification is considered to have become open to public inspection, in English or French, on the day on which the applicant submits the corrected translation or, if more than one corrected translation of the specification is submitted, on the last day on which a corrected translation is submitted. SOR/2022-120, s. 34
Patent Rules — 155.3
Restriction — translation of specification or drawings 155.3 A translation or corrected translation, submitted under section 155.1 or subsection 155.2(2), respectively, of all or part of the text matter in a specification or a drawing must not contain any matter not reasonably to be inferred from the specification or the drawings contained in the application on its filing date. SOR/2022-120, s. 34
Patent Rules — 155.4
Complete copy 155.4 (1) An applicant who submits a translation under section 155.1 or a corrected translation under subsection 155.2(2) must, at the same time, submit the following to the Commissioner: (a) in the case of a translation referred to in subsection 155.1(1) or a correction to that translation, a complete copy of the description — other than any sequence listings — or the claims, as the case may be, that contains the translated text matter and the text matter that already appeared in English or French; (b) in the case of a translation referred to in paragraph 155.1(2)(a) or a correction to that translation, a complete copy of the sequence listing that contains the translated text matter and the text matter that already appeared in English or French; (c) in the case of a translation referred to in paragraph 155.1(2)(b) or a correction to that translation, a complete copy of the drawing that contains the translated text matter and the text matter that already appeared in English or French; and (d) in the case of a translation referred to in paragraph 155.1(2)(c), (d) or (e) or a correction to that translation, a complete copy of the abstract, request or statement, as the case may be, that contains the translated text matter and the text matter that already appeared in English or French. Integrated translation (2) For the purposes of section 155.1 and subsection 155.2(2), if a complete copy is submitted in accordance with subsection (1), the applicant need not submit the translation or corrected translation as a separate document. SOR/2022-120, s. 34
Patent Rules — 155.5
Translation replaces original — description 155.5 (1) If a translation is submitted under paragraph 154(1)(b), the translation replaces the entirety of the description other than any sequences listings. Translation replaces original — claims (2) If a translation is submitted under paragraph 154(1)(b.1), the translation replaces the entirety of the claims. Translation replaces original — element of application (3) If a translation is submitted under section 155.1, the translation replaces the corresponding text matter in the PCT national phase application. Failure to provide translation — certain elements (4) If the applicant fails to provide a translation of a part of the description or claims or of any text matter in a drawing, in accordance with subsection 155.1(1) or paragraph 155.1(2)(b), respectively, the corresponding untranslated text matter in the PCT national phase application must not be taken into account for the purpose of interpreting the scope of protection sought or obtained. Failure to provide translation — statement (5) If the applicant fails to provide a translation of all or part of the statement referred to in paragraph 155.1(2)(e) in accordance with that paragraph, the statement may be disregarded by the Commissioner. Failure to provide translation or complete copy (6) If the applicant fails to provide a translation in accordance with paragraph 155.1(2)(c) or (d) or a complete copy in accordance with paragraph 155.4(1)(a), (b) or (c), the Commissioner may by notice require the applicant to provide the translation or complete copy no later than three months after the date of the notice. SOR/2022-120, s. 34
Patent Rules — 155.6
Amendments to specification and drawings 155.6 (1) If all or part of the text matter of the specification or the drawings contained in an international application on its international filing date is in a language other than English or French, the specification and the drawings contained in the PCT national phase application must not be amended to add matter not reasonably to be inferred from both (a) the specification or the drawings contained in the international application on its international filing date; and (b) the specification or the drawings contained in the international application immediately after it became a PCT national phase application, excluding any text matter that is not in English or French other than text matter in a sequence listing that is not language-dependent free text. Sequence listing (2) For the purposes of paragraph (1)(a), if the international application contains, on its international filing date, text matter in a sequence listing that is both in English or French and in a language other than English or French, the text matter that is in a language other than English or French is considered not to have been included in the application on that date. Divisional application (3) The specification and the drawings contained in a divisional application resulting from the division of a PCT national phase application must not be amended to add matter that may not be or could not have been added — under subsection 38.2(2) of the Act, subsection (1) of this section or this subsection — to the specification and the drawings contained in the application for a patent from which the divisional application results. Non-application of subsections (1) and (3) (4) Subsections (1) and (3) do not apply if it is admitted in the specification contained in the divisional application that the matter is prior art. SOR/2022-120, s. 34
Patent Rules — 155.7
Clarification — divisional application 155.7 For greater certainty, the specification and the drawings contained in a divisional application resulting from the division of a PCT national phase application must not contain matter that is not in the specification and the drawings contained in the original application on its filing date, or if the original application is itself a divisional application, on its presentation date, unless (a) the matter may be or could have been added — under section 155.6 of these Rules and subsection 38.2(1) and paragraph 38.2(3.1)(b) of the Act, without taking into account subsection 155.6(4) of these Rules or subsection 38.2(4) of the Act — to the specification and the drawings contained in the original application; or (b) it is admitted in the specification contained in the divisional application that the matter is prior art. SOR/2022-120, s. 34
Patent Rules — 156
Clarification 156 (1) For greater certainty, in respect of an international application that has become a PCT national phase application, for the purposes of the Act and these Rules, (a) documents or information included in the international application as filed are deemed to have been received by the Commissioner on the international filing date; and (b) documents or information, other than the documents or information referred to in paragraph (a), furnished in accordance with the requirements of the Patent Cooperation Treaty before the application became a PCT national phase application are deemed to have been received by the Commissioner on the day on which they were so furnished. Exception — sequence listings (2) Paragraph (1)(b) does not apply in respect of sequence listings that do not form part of the international application.
Patent Rules — 157
Application considered open to public inspection 157 If an international application is published in English or French by the International Bureau of the World Intellectual Property Organization under Article 21 of the Patent Cooperation Treaty on or before its national phase entry date, the application is considered to be open to public inspection under section 10 of the Act beginning on the date of that publication.
Patent Rules — 158
Non-application of subsection 27(2) of Act 158 The requirements of subsection 27(2) of the Act regarding the petition and the application fee do not apply in respect of a PCT national phase application.
Patent Rules — 159
Non-application of certain provisions of Act 159 (1) Subsection 27(7), sections 27.01, 28 and 28.01, subsections 38.2(3) and 78.1(2) and section 78.2 of the Act do not apply in respect of a PCT national phase application. Non-application of paragraph 38.2(3.1)(a) of Act (2) Paragraph 38.2(3.1)(a) of the Act does not apply in respect of a divisional application resulting from the division of a PCT national phase application. SOR/2022-120, s. 35
Patent Rules — 160
Non-application of section 78 of Act 160 Section 78 of the Act does not apply in respect of a time period referred to in that section that ends before the national phase entry date of a PCT national phase application. SOR/2022-120, s. 35
Patent Rules — 161
Filing date 161 The filing date of a PCT national phase application is the international filing date.