GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Rules — 72
Notice of missing parts of application 72 (1) If, within two months after the earliest date on which the Commissioner receives any document or information under subsection 28(1) of the Act, the Commissioner finds that a part of the description appears to be missing from the application for a patent, or that the application refers to a drawing that appears to be missing from the application, the Commissioner must by notice inform the applicant accordingly. Prescribed period for addition (2) For the purposes of subsection 28.01(1) of the Act, the additions referred to in that subsection may be made not later than two months after the earliest date on which the Commissioner receives any document or information under subsection 28(1) of the Act or, if the Commissioner notifies the applicant under subsection (1), before the earlier of (a) the end of a period of two months after the date of the notice, and (b) the end of a period of six months after the earliest date on which the Commissioner receives any document or information under subsection 28(1) of the Act. Prescribed Requirements (3) For the purposes of paragraph 28.01(2)(d) of the Act, the prescribed requirements are that the applicant, within the period prescribed by subsection (2), (a) if the previously regularly filed application for a patent was not filed in Canada, must either (i) submit to the Commissioner a copy of that application, or (ii) make a copy of that application available to the Commissioner in a digital library that is specified by the Commissioner as being accepted for that purpose and inform the Commissioner that it is so available; (b) if that previously regularly filed application for a patent is partly or entirely in a language other than English or French, must submit to the Commissioner a translation in English or French of any part of the application that is in a language other than English or French; and (c) must submit to the Commissioner an indication as to where, in that previously regularly filed application for a patent or in the translation referred to in paragraph (b), the addition is included. Prescribed period for withdrawal (4) For the purposes of subsection 28.01(2) of the Act, the addition may be withdrawn not later than two months after the earliest date on which the Commissioner receives any document or information under subsection 28(1) of the Act or, if the Commissioner notifies the applicant under subsection (1), not later than two months after the date of the notice. Non-application of subsection 3 (1) (5) Subsection 3 (1) does not apply in respect of the times referred to in this section. Exceptions (6) Subsection 28.01(1) of the Act does not apply to a divisional application filed under subsection 36(2) or (2.1) of the Act or to an application for a patent in respect of which a statement is submitted under section 27.01 of the Act. Prohibited addition (7) An applicant must not, under subsection 28.01(1) of the Act, add to the claims included in their application for a patent.
Patent Rules — 74
e met in respect of a previously regularly filed application for a patent and if the patent office where that application was filed provides the copy and certificate referred to in paragraph (1)(a), the applicant or the patentee, as applicable, must submit the copy and certificate to the Commissioner not later than three months after the day on which they were provided. Request for priority considered withdrawn (9) If the applicant or patentee fails to comply with subsection (8) in respect of a previously regularly filed application for a patent, the request for priority is considered to have been withdrawn at the end of the time referred to in that subsection in respect of that application. Divisional application (10) The applicant of a divisional application is considered to have complied with subsection (1) in respect of a previously regularly filed application for a patent if, on or before the presentation date of the divisional application, the applicant of the original application is considered to have complied with subsection (1) in respect of that previously regularly filed application. Request for priority (11) A request for priority in respect of a divisional application is considered to have been withdrawn in respect of a previously regularly filed application for a patent if, in respect of the original application, a request for priority is, on or before the presentation date of the divisional application, considered to have been withdrawn under subsection (6) or (9) in respect of that previously regularly filed application. Exception (12) Subsections (1) to (11) do not apply in respect of a previously regularly filed application on the basis of which an applicant requests priority, if the pending application for a patent is a PCT national phase application or a divisional application resulting from the division of a PCT national phase application and if the requirements of Rule 17.1(a), (b) or (b- bis ) of the Regulations under the PCT are complied with in respect of that previously regularly filed application.
Patent Rules — 75
Withdrawal of request for priority 75 (1) For the purposes of subsection 28.4(3) of the Act, a request for priority may be withdrawn by filing a request to that effect with the Commissioner. Effective date (2) The effective date of the withdrawal of a request for priority is the date on which the request is received by the Commissioner.
Patent Rules — 76
Notice to submit translation 76 (1) If a previously regularly filed application for a patent in respect of which a request for priority in respect of a pending application for a patent is based is partly or entirely in a language other than English or French and if, for the purposes of examining the pending application, an examiner takes into account the previously regularly filed application, the examiner may by notice require the applicant of the pending application to submit to the Commissioner an English or French translation of the whole or a specified part of the previously regularly filed application not later than four months after the date of the notice. Translation not accurate (2) If the examiner has reasonable grounds to believe that a translation submitted under subsection (1) is not accurate, the examiner may by notice require the applicant of the pending application for a patent to submit to the Commissioner not later than four months after the date of the notice either (a) a statement by the translator that, to the best of the translator’s knowledge, the translation is accurate; or (b) a new English or French translation, as applicable, together with a statement by the translator that, to the best of the translator’s knowledge, the new translation is accurate. Request for priority considered withdrawn (3) If the applicant of the pending application for a patent does not comply with a notice under subsection (1) or (2) in respect of a previously regularly filed application for a patent, the request for priority is considered to have been withdrawn at the end of the time referred to in subsection (1) or (2), as applicable, in respect of that previously regularly filed application.
Patent Rules — 77
Prescribed time 77 (1) For the purposes of paragraph 28.4(6)(b) of the Act, (a) in respect of a pending application, or a co-pending application, that is not a PCT national phase application, the applicant must meet the conditions set out in subparagraphs 28.4(6)(b)(i) to (iii) of the Act not later than two months after the filing date of the pending application or the co-pending application, as the case may be; and (b) in respect of a pending application, or a co-pending application, that is a PCT national phase application, (i) the applicant must meet the conditions referred to in subparagraphs 28.4(6)(b)(i) and (ii) of the Act not later than one month after the national phase entry date of that application, and (ii) the applicant must meet the condition referred to in subparagraph 28.4(6)(b)(iii) of the Act before the earlier of (A) the end of the time prescribed by subsection 73(1), and (B) the end of one month after the national phase entry date of that application. Prescribed Requirements (2) For the purposes of subparagraph 28.4(6)(b)(iii) of the Act, the prescribed requirements are that the applicant (a) must make a request for priority in the petition or in a document other than the abstract, the specification or the drawings; and (b) must submit to the Commissioner the filing date and the name of the country or office of filing of the previously regularly filed application for a patent. Non-application of subsection 3 (1) (3) Subsection 3 (1) does not apply in respect of the time prescribed by subsection (1).
Patent Rules — 78
Divisional application — within 12 months 78 Paragraph 28.4(6)(b) of the Act does not apply in respect of a divisional application, in relation to a previously regularly filed application, if the filing date of the original application is deemed under subsection 28.4(6) of the Act to be within 12 months after the filing date of that previously regularly filed application for a patent.
Patent Rules — 79
Contents of request 79 A request for examination of an application for a patent, referred to in subsection 35(1) of the Act, must contain (a) the name and postal address of the person making the request; (b) the name of the applicant, if the person making the request is not the applicant; and (c) the application number or other information sufficient to identify the application.
Patent Rules — 80
Fee for examination of application 80 (1) For the purposes of subsection 35(1) of the Act, the prescribed fee for the examination of an application for a patent is (a) the small entity fee set out in subparagraph 10(a)(i) or (ii) of Schedule 2, as applicable, and, for each claim in excess of 20 that is included in the application on the day on which the request for examination is made, the small entity fee set out in paragraph 10(b) of that Schedule, if the small entity status condition set out in subsection 44(2) is met and a small entity declaration is filed in respect of the application in accordance with subsection 44(3) (i) within the applicable time prescribed by section 81 , or (ii) if a notice is required to be sent under paragraph 35(3)(b) of the Act, before the notice is sent or, if the notice has been sent, before the end of two months after the date of the notice; and (b) in any other case, the standard fee set out in subparagraph 10(a)(i) or (ii) of Schedule 2, as applicable, and, for each claim in excess of 20 that is included in the application on the day on which the request for examination is made, the standard fee set out in paragraph 10(b) of that Schedule. Claims defined in the alternative (1.1) A claim that defines the subject-matter of an invention in the alternative, including a dependent claim within the meaning of section 63 that refers to more than one preceding claim, counts as a single claim for the purposes of subsection (1). Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply in respect of the times prescribed by subsection (1). SOR/2022-120, s. 12
Patent Rules — 81
Prescribed time — subsection 35(2) of Act 81 (1) For the purposes of subsection 35(2) of the Act, the prescribed time for making a request for examination and for paying the fee is any time before (a) in respect of an application for a patent other than a divisional application, the end of a period of four years after the filing date of the application; and (b) in respect of a divisional application, the later of (i) the end of the time that is applicable under this subsection in respect of the original application, and (ii) the end of a period of three months after the presentation date of the divisional application. Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply in respect of the times prescribed by subsection (1).
Patent Rules — 82
Late fee 82 For the purposes of subsection 35(3) of the Act, the prescribed late fee is the fee set out in item 11 of Schedule 2.
Patent Rules — 83
Prescribed time — subsection 35(5) and paragraph 73(1)(e) of Act 83 (1) For the purposes of subsection 35(5) and paragraph 73(1)(e) of the Act, the prescribed time for making a request for examination and for paying the fee is any time before the end of a period of three months after the date of the notice referred to in that subsection or that paragraph. Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply in respect of the time prescribed by subsection (1).
Patent Rules — 83.1
Date of receipt 83.1 If an amount paid for the examination of an application for a patent is less than the prescribed fee referred to in subsection 80(1) and an amendment is made to the application to reduce the number of claims, on or after the day on which the request for examination is made and on or before the date the fee is considered to have been paid, such that the amount paid is greater than or equal to the amount of that prescribed fee, the amount paid is considered to have been received on the day on which the amendment is made. SOR/2022-120, s. 13 SOR/2024-241, s. 11
Patent Rules — 84
Advancing examination 84 (1) In respect of an application for a patent that is open to public inspection at the Patent Office, the Commissioner must advance out of its routine order the examination of the application under subsection 35(1) of the Act on the request of (a) any person, if they pay the fee set out in item 12 of Schedule 2 and file with the Commissioner a statement indicating that failure to advance the examination of the application is likely to prejudice that person’s rights; or (b) the applicant, if the applicant files with the Commissioner a statement indicating that the application relates to technology the commercialization of which would help to resolve or mitigate environmental impacts or to conserve the natural environment or natural resources. Exception (2) In respect of a request made under subsection (1) by an applicant, the Commissioner must not advance the examination of the application for a patent out of its routine order or, if the examination is advanced, must return it to its routine order if (a) the Commissioner has, under subsection 3 (1), extended the time fixed for doing anything in respect of the application; (b) the application is or was deemed to be abandoned; or (c) the applicant has made a request for continued examination and paid the prescribed fee under section 85.1. SOR/2022-120, s. 14 SOR/2024-241, s. 12
Patent Rules — 85
Notice — invention in foreign application 85 (1) If, in the course of examining an application for a patent, an examiner has reasonable grounds to believe that an application for a patent disclosing the same invention has been filed, in or for any country other than Canada, by an inventor of that invention or a person claiming through them, the examiner may by notice requisition the applicant (a) to submit the following information or, if any of the information is not known to the applicant, to so indicate: (i) any prior art cited in respect of the foreign application for a patent, (ii) the application number of the foreign application for a patent, the filing date and, if the patent has been granted, the patent number, and (iii) particulars of any opposition, re-examination, impeachment or similar proceedings in respect of the foreign application or any patent granted on the basis of that application; (b) to submit a copy of any document related to the information referred to in paragraph (a) or, if the document is not available to the applicant, to so indicate; and (c) to submit an English or French translation of any document, or part of a document, related to the information referred to in paragraph (a), that is not in either English or French or, if such a translation is not available to the applicant, to so indicate. Notice — invention previously published or patented (2) If, in the course of examining an application for a patent, an examiner has reasonable grounds to believe that an invention disclosed in an application for a patent was, before the filing date of the application, published or the subject of a patent, the examiner may by notice requisition the applicant to identify the first publication of or patent for that invention or, if that information is not known to the applicant, to so indicate.
Patent Rules — 85.1
Continued examination 85.1 (1) If three notices have been sent to the applicant under either or both of subsections 86(2) and (5) since the examination of an application for a patent under subsection 35(1) of the Act began, and a notice of allowance or conditional notice of allowance has not been set aside under subsection (4) before the third notice is sent, the examiner must, by notice, inform the applicant of the need to make a request for continued examination and pay the prescribed fee. Continued examination — subsequent request (2) If two notices have been sent to the applicant under either or both of subsections 86(2) and (5) since the most recent request for continued examination was made, the examiner must, by notice, inform the applicant of the need to make a request for continued examination and pay the prescribed fee. Time limit for making request (3) The applicant must make a request for continued examination and pay the prescribed fee not later than four months after the day on which a notice is sent under subsection (1) or (2) to inform the applicant of the need to make the request and pay the fee. Notice set aside (4) A notice of allowance or conditional notice of allowance that is sent to the applicant under subsection 86(1), (1.1), (6) or (10) is set aside if the applicant makes a request for continued examination and pays the prescribed fee not later than the earlier of (a) four months after the day on which the notice of allowance or conditional notice of allowance is sent; and (b) the day 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, the day before the day on which the final fee is paid again. Fee for continued examination (5) The prescribed fee for the continued examination is (a) the small entity fee set out in item 13 of Schedule 2, if the small entity status condition set out in subsection 44(2) is met and a small entity declaration is filed in respect of the application in accordance with subsection 44(3) before the end of the applicable time, referred to in subsection (3) or (4), for the payment of the fee; or (b) in any other case, the standard fee set out in that item. Interpretation — number of notices (6) For greater certainty, a notice sent under subsection 86(2) or (5) that is withdrawn by an examiner or by the Commissioner does not count as a notice for the purposes of subsection (1) or (2). Non-application of subsection 3(1) (7) Subsection 3(1) does not apply in respect of the times referred to in subsection (3) or (4). SOR/2022-120, s. 15 SOR/2023-113, s. 2
Patent Rules — 86
ections (14) and (14.1) (14.2) The Commissioner is not required to take the actions referred to in subsection (14) or (14.1) if the examiner has reasonable grounds to believe that the defects in the application for a patent would not affect the readability, clarity or validity of the patent, if it were granted. Withdrawal of conditional notice of allowance after reply (15) If an applicant replies in good faith to a conditional notice of allowance on or before the date referred to in subsection (16) but the examiner, after receiving the reply, has reasonable grounds to believe that the application for a patent still does not comply with the Act or these Rules in respect of any of the defects referred to in that notice or that the amendments in reply to that notice are not made in accordance with subsection 100(1), the Commissioner must (a) by notice, inform the applicant that the application does not comply with the Act or these Rules and that the conditional notice of allowance is withdrawn; and (b) if the final fee has been paid, refund it. Date (16) For the purposes of subsection (15), the date is the last day of the period referred to in subsection (1.1) or, if the application for a patent is deemed to be abandoned under subsection 73(2) of the Act in the circumstances referred to in paragraph 132(1)(g), the day on which the conditions for reinstatement set out in subsection 73(3) of the Act are met in respect of that abandonment. Suspension of examination (17) The examination of an application for a patent under subsection 35(1) of the Act is suspended during the following periods: (a) if the applicant fails to pay the fee referred to in subsection 68(1) or (2) on or before the applicable date referred to in section 69, the period beginning on that day and ending on the day on which that fee and the late fee referred to in section 70 are paid or if that fee and the late fee are paid on different days, the later of those days; and (b) any period during which the application is deemed to be abandoned under section 73 of the Act. Validity of notice (17.1) The suspension of an examination under subsection (17) has no effect on the validity of a notice sent to the applicant during the period of suspension. Non-application of subsection 3(1) (18) Subsection 3(1) does not apply in respect of the times referred to in subsection (1), (1.1), (6), (10) or (12). SOR/2022-120, s. 16 SOR/2022-120, s. 53 SOR/2024-241, s. 13
Patent Rules — 88
Definition of one invention 88 For the purposes of section 36 of the Act, one invention includes a group of inventions linked in such a manner that they form a single general inventive concept.
Patent Rules — 89
Requirements 89 (1) An application for a patent is a divisional application only if (a) the application on its presentation date contains a petition that includes a statement to the effect that the application is a divisional application that results from the division of an original application filed in Canada; (b) the original application number is submitted to the Commissioner not later than three months after the presentation date; (c) the applicant, or if there are joint applicants, at least one of the joint applicants, was an applicant of the original application at any time during the period beginning on the filing date of the original application and ending on the presentation date; (d) the application on its presentation date contains one or more claims; and (e) if the applicant of the original application is required, under subsection 15 (2) or (3), to provide a translation in respect of that application, that applicant has provided the translation to the Commissioner not later than the presentation date. Non-application of subsection 3(1) (2) Subsection 3 (1) does not apply to the time referred to in paragraph (1)(b).