GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Rules — 207
Application of certain provisions of former Rules to patents granted on basis of category 3 application 207 (1) Subsection 3(8) and sections 100 and 101 of the former Rules and item 31 of Schedule II to those Rules continue to apply in respect of the applicable fee payable to maintain the rights accorded by a patent granted on the basis of a category 3 application, if the time — not including the period of grace — referred to in that item for the payment of that fee ends before October 30, 2019. Extension of time (2) The Commissioner is authorized to extend the time for payment of the fee referred to in subsection 3(8) of the former Rules in respect of a patent issued on the basis of a category 3 application — after that time, including a period of grace, has expired — if the Commissioner considers that the circumstances justify the extension and if the conditions referred to in subsection 3(3) of these Rules are met. SOR/2022-120, s. 45 SOR/2022-120, s. 55
Patent Rules — 208
Maintenance fee — patent 208 In respect of a patent granted on the basis of a category 1 application, the reference to “set out in item 25 of Schedule 2” in subsection 112 (1) is to be read as a reference to “set out in item 1 of Schedule 3”.
Patent Rules — 209
Patent not invalid 209 (1) A patent that was granted on the basis of an international application must not be declared invalid by reason only that a fee referred to in section 58 of the former Rules was not paid. Exception (2) Subsection (1) does not apply in respect of a patent that was granted before October 30, 2019 or a reissued patent if the original patent was granted before that date. SOR/2022-120, s. 55
Patent Rules — 210
Exception — national phase entry date 210 (1) For the purposes of these Rules, if the applicant of an international application for which the international filing date , as defined in section 141 , precedes October 30, 2019 has, before October 30, 2019, complied with the requirements of subsection 58(1) and, if applicable, subsection 58(2) of the former Rules, the national phase entry date in respect of that application is the date on which the applicant complied with those requirements, or, if the applicant complied with those requirements on different dates, the latest of those dates. Fee considered paid (2) If the Commissioner has, under section 190 of these Rules or subsection 26(3) of the former Rules, extended the time for the payment of a fee referred to in subsection 3(5) or (7) of the former Rules, and the fee is paid before the end of the extended period, for the purposes of subsection (1), that fee is considered to have been paid on the day on which the amount of the small entity fee was paid. Exception — national phase entry date (3) In these Rules, if the applicant of an international application for which the international filing date , as defined in section 141 , precedes October 30, 2019 has, on or after October 30, 2019, complied with the requirements of subparagraphs 154 (3)(a)(ii) to (iv) and paragraph 15 4(3)(b), the national phase entry date in respect of that application is the date on which the applicant complied with those requirements, or, if the applicant complied with those requirements on different dates, the latest of those dates. Small entity declaration (4) For the purpose of subsection (3), an applicant is not considered to have paid the fee referred to in clause 154 (3)(a)(iii)(A) or 154 (3)(b)(i)(A) or (ii)(A) until the small entity declaration has been filed. SOR/2022-120, s. 46 SOR/2022-120, s. 55
Patent Rules — 211
Extension of time — section 208 211 The Commissioner is authorized to extend the time for the payment of a fee referred to in subsection 112(1), as modified by section 208, after the expiry of that time, if the Commissioner considers that the circumstances justify the extension and if the conditions referred to in subsection 3(3) are met. SOR/2022-120, s. 47
Patent Rules — 212
Extension of period established by Commissioner 212 If, under paragraph 73(1)(a) of the Act, as it read immediately before October 30, 2019, the Commissioner established a shorter period for replying in good faith to any requisition made by an examiner in connection with an examination, the Commissioner is authorized to extend that period for up to six months after the requisition was made — whether that time has expired or not — if the Commissioner considers that the circumstances justify the extension and if, before the expiration of that period, the extension is applied for and the fee set out in item 1 of Schedule 2 is paid. SOR/2022-120, s. 55
Patent Rules — 213
Extension of time fixed by former Rules 213 If, before October 30, 2019, a requisition referred to in section 23, 25, 37 or 94 of the former Rules was sent by notice by the Commissioner, the Commissioner is authorized to extend the time period to reply in good faith under that section to the requisition — whether that period has expired or not — if the Commissioner considers that the circumstances justify the extension and if, before the expiration of that period, the extension is applied for and the fee referred to in item 1 of Schedule 2 to these Rules is paid. SOR/2022-120, s. 55
Patent Rules — 215
Documents not in English or French 215 Despite section 15, the Commissioner must have regard to any document or part of a document that is submitted or made available in a language other than English or French under subsection 196(1) of these Rules, or provided under subsection 29(1) or paragraph 58(1)(a) of the former Rules or filed under section 89 or 180 of the former Rules, in a language other than English or French. SOR/2022-120, s. 48
Patent Rules — 216
Patent agent deemed to be appointed 216 If, before October 30, 2019, a patent agent was appointed in the petition or in a notice to that effect signed by the applicant and submitted to the Commissioner, the appointment of the patent agent is deemed to have been made in accordance with section 27 . SOR/2022-120, s. 55
Patent Rules — 217
Associate patent agent deemed to be appointed 217 If, before October 30, 2019, an associate patent agent was appointed in the petition or in a notice that was signed by the patent agent who appointed the associate patent agent and submitted to the Commissioner, the appointment of the associate patent agent is deemed to have been made in accordance with section 28 . SOR/2022-120, s. 55
Patent Rules — 218
Representation — application filed before October 30, 2019 218 In respect of an application for a patent for which the filing date is before October 30, 2019 — other than a divisional application that has a presentation date on or after October 30, 2019 — for which there are joint applicants and in respect of which no common representative is appointed under paragraph 26(3)(a) or (c), in respect of which no correction or decision referred to in subsection 26(6) was made — other than a decision made before October 30, 2019 — and in respect of which subsection 26(9) does not apply, (a) if, before October 30, 2019, no patent agent residing in Canada is appointed (i) subsections 26 (4) to (6) do not apply, and (ii) subject to subsection 26 (11), the joint applicant who, before October 30, 2019 was the authorized correspondent under the former Rules, is deemed to be appointed as the common representative; and (b) if, before October 30, 2019, a patent agent residing in Canada is appointed, (i) if the appointment of that patent agent has been revoked, the joint applicant whose name appears first when listed in alphabetical order at the time of the revocation is, subject to subsection 26 (11), deemed to be appointed as the common representative, and (ii) in any other case, (A) subsections 26 (4) to (6) and paragraph 27 (7)(a) do not apply, (B) any appointment of a patent agent by the applicants on or after October 30, 2019 may, despite subsection 27 (3), be made only by a notice to that effect signed by all of the applicants and submitted to the Commissioner, and (C) an appointment of a patent agent may be revoked by submitting to the Commissioner a notice to that effect signed by all of the applicants or by that patent agent. SOR/2022-120, s. 49 SOR/2022-120, s. 55
Patent Rules — 219
Representation — patent granted before October 30, 2019 219 In respect of a patent — other than a reissued patent — granted before October 30, 2019 for which there are joint patentees and in respect of which no common representative is appointed under paragraph 26 (3)(a) and in respect of which subsection 26 (9) does not apply, (a) if, immediately before the patent was granted, no patent agent residing in Canada was appointed in respect of the application on which the patent was based and if the joint applicant who, immediately before the patent was granted, was the authorized correspondent under the former Rules, is a patentee before October 30, 2019, (i) subsection 26 (7) does not apply, and (ii) subject to subsection 26 (11), that applicant is deemed to be appointed as the common representative; and (b) in any other case, (i) subsection 26 (7) and paragraph 27 (7)(a) do not apply, (ii) any appointment of a patent agent by the patentees on or after October 30, 2019 may, despite subsection 27 (3), be made only by a notice to that effect signed by all of the patentees and submitted to the Commissioner, and (iii) an appointment of a patent agent, including a deemed appointment, may be revoked by submitting to the Commissioner a notice to that effect signed by all of the patentees or by that patent agent. SOR/2022-120, s. 55
Patent Rules — 220
Representation — patent reissued before October 30, 2019 220 In respect of a patent that is reissued before October 30, 2019 for which there are joint patentees and in respect of which no common representative is appointed under paragraph 26 (3)(a) and in respect of which subsection 26 (9) does not apply, (a) if, immediately before the original patent was granted, no patent agent residing in Canada was appointed in respect of the application on which the original patent was based and if the joint applicant who, immediately before the original patent was granted, was the authorized correspondent under the former Rules, is a patentee of the reissued patent before October 30, 2019, (i) subsection 26 (8) does not apply, and (ii) subject to subsection 26 (11), that applicant is deemed to be appointed as the common representative; and (b) in any other case, (i) subsection 26 (8) and paragraph 27 (7)(a) do not apply, (ii) any appointment of a patent agent by the patentees on or after October 30, 2019 may, despite subsection 27 (3), be made only by a notice to that effect signed by all of the patentees and submitted to the Commissioner, and (iii) an appointment of a patent agent, including a deemed appointment, may be revoked by submitting to the Commissioner a notice to that effect signed by all of the patentees or by that patent agent. SOR/2022-120, s. 55
Patent Rules — 221
Representation — patent granted on or after October 30, 2019 221 In respect of a patent, other than a reissued patent, granted on or after October 30, 2019, on the basis of an application for a patent for which the filing date is before October 30, 2019, for which there are joint patentees and in respect of which no common representative is appointed under paragraph 26(3)(a), if, immediately before the patent was granted, no common representative was appointed in respect of that application, (a) subsection 26 (7) and paragraph 27 (7)(a) do not apply; (b) any appointment of a patent agent on or after October 30, 2019 may, despite subsection 27 (3), be made by the patentees only by a notice to that effect signed by all of the patentees and submitted to the Commissioner; and (c) an appointment of a patent agent, including a deemed appointment, may be revoked by submitting to the Commissioner a notice to that effect signed by all of the patentees or by that patent agent. SOR/2022-120, s. 50 SOR/2022-120, s. 55
Patent Rules — 222
Representation — patent reissued on or after October 30, 2019 222 In respect of a patent that is reissued — on the basis of an application for a patent for which the filing date is before October 30, 2019 — on or after October 30, 2019 for which there are joint patentees and in respect of which no common representative is appointed under paragraph 26(3)(a), if, immediately before the patent was reissued, no common representative was appointed in respect of the original patent, (a) subsection 26 (8) and paragraph 27 (7)(a) do not apply; (b) any appointment of a patent agent on or after October 30, 2019 may, despite subsection 27 (3), be made by the patentees only by a notice to that effect signed by all of the patentees and submitted to the Commissioner; and (c) an appointment of a patent agent may be revoked by submitting to the Commissioner a notice to that effect signed by all of the patentees or by that patent agent. SOR/2022-120, s. 51 SOR/2022-120, s. 55
Patent Rules — 223
Non-application of section 37 223 Section 37 does not apply in respect of business before the Patent Office for the purpose of a procedure commenced before October 30, 2019. SOR/2022-120, s. 55
Patent Rules — 224
Small entity declaration for patent or application 224 (1) A small entity declaration filed before October 30, 2019 in respect of a patent or an application for a patent in accordance with section 3.01 of the former Rules is considered to be filed in accordance with subsection 44 (3) or 112 (3) of these Rules, as applicable. Small entity declaration — patent (2) A small entity declaration filed in respect of a patent in accordance with section 3.02 of the former Rules before October 30, 2019 is considered to be filed in accordance with subsection 122 (4) of these Rules. SOR/2022-120, s. 55
Patent Rules — 225
Exception to section 54 — filing date before June 2, 2007 225 (1) In respect of an application for a patent, other than a PCT national phase application, that has a filing date before June 2, 2007, the applicant, instead of complying with the requirements of section 54 , may comply with (a) the requirements of section 37 of the former Rules; (b) the requirements of section 77 of the Patent Rules , as they read immediately before October 1, 2010; or (c) the requirements of sections 37 and 77 of the Patent Rules , as they read immediately before June 2, 2007. Exception — compliance with other requirements (2) In respect of a PCT national phase application for which the filing date is before June 2, 2007, the applicant may, instead of complying with the requirements of section 54 , comply with the requirements of paragraph (1)(a), (b) or (c) or file a declaration as to the applicant’s entitlement on the filing date to apply for and be granted a patent in accordance with Rule 4.17 of the Regulations under the PCT.
Patent Rules — 226
Exception to section 54 — filing date before October 1, 2010 226 (1) In respect of an application for a patent, other than a PCT national phase application, for which the filing date is June 2, 2007 or later but before October 1, 2010, the applicant, instead of complying with the requirements of section 54 , may comply with (a) the requirements of section 37 of the former Rules; or (b) the requirements of section 77 of the Patent Rules , as they read immediately before October 1, 2010. Exception — compliance with other requirements (2) In respect of a PCT national phase application for which the filing date is June 2, 2007 or later but before October 1, 2010, the applicant may, instead of complying with the requirements of section 54 , comply with the requirements of paragraph (1)(a) or (b) or file a declaration as to the applicant’s entitlement on the filing date to apply for and be granted a patent in accordance with Rule 4.17 of the Regulations under the PCT.
Patent Rules — 227
Exception to section 54 — filing date before October 30, 2019 227 In respect of an application for a patent for which the filing date is October 1, 2010 or later but before October 30, 2019, the applicant, instead of complying with the requirements of section 54 , may comply with the requirements of section 37 of the former Rules. SOR/2022-120, s. 55
Patent Rules — 228
Clarification 228 For greater certainty, the dates prescribed by sections 69 and 113 do not include any dates that precede October 30, 2019. SOR/2022-120, s. 55
Patent Rules — 229
Final fee paid before October 30, 2019 229 If, before October 30, 2019, the applicant of an application for a patent for which the filing date is before that date, paid, in respect of that application, the applicable final fee set out in item 6 of Schedule II to the former Rules and that fee was not refunded before that date, (a) the reference to “on or before the day on which the final fee set out in item 14 of Schedule 2 is paid or, if the final fee is refunded, on or before the day on which the final fee is paid again” in subsection 73(5), paragraph 100(2)(a), section 105 and paragraph 106(a) is to be read, in respect of that application, as a reference to “on or before the day on which the applicable final fee set out in item 6 of Schedule II to the former Rules is paid or, if the final fee is refunded, on or before the day on which the final fee set out in item 14 of Schedule 2 is paid”; and (b) the reference to “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” in section 127 is to be read as “after the day on which the applicable final fee set out in item 6 of Schedule II to the former Rules is paid or, if the final fee is refunded, after the day on which the final fee set out in item 14 of Schedule 2 is paid”. SOR/2022-120, s. 52 SOR/2022-120, s. 53
Patent Rules — 230
Notice of allowance considered not sent 230 For greater certainty, a notice of allowance is considered not to have been sent if it was deemed not to have been sent before October 30, 2019. SOR/2022-120, s. 55
Patent Rules — 231
Non-application of section 89 231 Section 89 does not apply in respect of an application for a patent for which the presentation date preceded October 30, 2019. SOR/2022-120, s. 55
Patent Rules — 232
Periods prescribed by subsection 128(1) 232 (1) For greater certainty, the periods prescribed by paragraph 128(1)(a), (b) or (d) do not include any period that begins less than six months after October 30, 2019. Periods prescribed by subsection 128(1) (2) A period prescribed by paragraph 128(1)(a) or (b) or paragraph 128(1)(d), as it read immediately before the day on which this subsection comes into force, that began before that day but did not end on or before that day is deemed to have ended on that day if, on or before that day, (a) the small entity fee was paid even though the fee referred to in paragraph 128(1)(a) or that paragraph 128(1)(d) should have been paid, and a small entity declaration was 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; (b) an insufficient amount was paid for the fee referred to in subsection 80(1) for the examination of the application of the patent and the Commissioner sent a notice to the applicant acknowledging that the request for examination was made in accordance with subsection 35(2) of the Act; or (c) the Commissioner provided erroneous information in writing concerning the amount of a fee referred to in paragraph 128(1)(a) or that paragraph 128(1)(d) and the applicant or patentee paid an insufficient amount that was equal to the amount specified in the erroneous information. SOR/2022-120, s. 55 SOR/2024-241, s. 19
Patent Rules — 233
Publication in Canadian Patent Office Record 233 For the purposes of paragraph 130 (1)(c), an application that was advertised in the Canadian Patent Office Record before October 30, 2019 is considered to have been advertised on the website of the Canadian Intellectual Property Office on the day on which it was advertised in the Canadian Patent Office Record . SOR/2022-120, s. 55
Patent Rules — 234
Non-application of subparagraph 154 (3)(a)(i) 234 Subparagraph 154 (3)(a)(i) does not apply in respect of an international application for which the international filing date , as defined in section 141 , precedes October 30, 2019. SOR/2022-120, s. 55
Patent Rules — 235
Exception to section 162 235 If the right of priority in respect of a previously regularly filed application, on which the request for priority in relation to a pending application is based, was restored under Rule 26 bis .3 of the Regulations under the PCT before October 30, 2019, section 162 does not apply in respect of that previously regularly filed application. SOR/2022-120, s. 55
Patent Rules — 236
Filing date before December 1, 2020 236 The fees set out in paragraph 8(e) of Schedule 2 do not apply in respect of an application for a patent for which the filing date is before December 1, 2020. SOR/2024-241, s. 20
Patent Rules — 237
Non-application of paragraph 84(2)(c) 237 Paragraph 84(2)(c) does not apply in respect of a request for continued examination made before the day on which this section comes into force. SOR/2024-241, s. 20
Patent Rules — 1
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 description and specification, and agrees to surrender the original patent effective on the issue of a new patent.
Patent Rules — 2
2 The name and postal address of the patentee is .
Patent Rules — 3
3 The reasons why the patent is deemed defective or inoperative are as follows: .
Patent Rules — 4
4 The error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, in the following manner: .
Patent Rules — 5
5 The knowledge of the new facts giving rise to the application were obtained by the patentee on or about in the following manner: .
Patent Rules — 1
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, (a) made the specification too broad, claiming more than that of which the patentee or the person through whom the patentee claims was the inventor; or (b) in the specification, claimed that the patentee or the person through whom the patentee claims was the inventor of any material or substantial part of the invention patented of which the patentee was not the inventor and to which the patentee had no lawful right.
Patent Rules — (a)
(a) made the specification too broad, claiming more than that of which the patentee or the person through whom the patentee claims was the inventor; or
Patent Rules — (b)
(b) in the specification, claimed that the patentee or the person through whom the patentee claims was the inventor of any material or substantial part of the invention patented of which the patentee was not the inventor and to which the patentee had no lawful right.
Patent Rules — (1)
(1) The patentee disclaims the entirety of claim .
Patent Rules — (2)
(2) The patentee disclaims the entirety of claim with the exception of the subject-matter of the invention defined by the following claim: .
Patent Rules — (a)
(a) for the dates of each of the second, third and fourth anniversaries of the filing date of the application,
Patent Rules — (b)
(b) for the dates of each of the fifth, sixth, seventh, eighth and ninth anniversaries of the filing date of the application,
Patent Rules — (c)
(c) for the dates of each of the 10th, 11th, 12th, 13th and 14th anniversaries of the filing date of the application,
Patent Rules — (d)
(d) for the dates of each of the 15th, 16th, 17th, 18th and 19th anniversaries of the filing date of the application,
Patent Rules — (e)
(e) for the dates of the 20th and each subsequent anniversary of the filing date of the application,
Patent Rules — (i)
(i) if the application for a patent has been the subject of an international search by the Commissioner in the Commissioner’s capacity as an International Searching Authority,
Patent Rules — (b)
(b) fee for each claim in excess of 20 that is included in the application