GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Rules — 162
Filing date deemed to be within 12 months 162 For the purposes of paragraph 28.1(1)(b) of the Act and subparagraphs 28.2(1)(d)(iii) and 28.4(5)(a)(i) and (ii) of the Act, even if the conditions referred to in paragraph 28.4(6)(b) of the Act are not met, the filing date of the pending application or the co-pending application, as the case may be, shall be deemed to be within 12 months after the filing date of the previously regularly filed application if (a) the filing date of the pending application or the co-pending application, as the case may be, is more than 12 months after the filing date of the previously regularly filed application, but within two months after the end of those 12 months; (b) the pending application or the co-pending application, as the case may be, is a PCT national phase application or a divisional application resulting from the division of a PCT national phase application; and (c) the right of priority, in respect of the previously regularly filed application, was restored under Rule 26 bis .3 of the Regulations under the PCT and that restoration is, under Rule 49 ter .1 of those Regulations, effective in Canada.
Patent Rules — 163
Application considered not to be referred to in paragraph 28.2(1)(c) or (d) of Act 163 An international application is considered not to be an application for a patent referred to in paragraph 28.2(1)(c) of the Act or not to be a co-pending application referred to in paragraph 28.2(1)(d) of the Act, unless it has become a PCT national phase application.
Patent Rules — 164
Patent not invalid 164 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 154 was not paid.
Patent Rules — 165
Definitions 165 (1) The following definitions apply in this Part. application preceding the coming-into-force date [Repealed, SOR/2022-120, s. 36] category 1 application means an application for a patent for which the filing date is before October 1, 1989. ( demande de catégorie 1 ) category 2 application [Repealed, SOR/2022-120, s. 36] category 3 application means an application for a patent for which the filing date is on or after October 1, 1996 but before October 30, 2019. ( demande de catégorie 3 ) coming-into-force date [Repealed, SOR/2022-120, s. 36] former Rules means the Patent Rules as they read immediately before October 30, 2019. ( anciennes règles ) Interpretation (2) If the filing date of an application for a patent, other than a PCT national phase application, as determined in accordance with section 78.2 of the Act, precedes October 30, 2019, the filing date of that application is, for the purposes of these Rules, the filing date determined in accordance with that section. SOR/2022-120, s. 36 SOR/2022-120, s. 55
Patent Rules — Patent Rules
application preceding the coming-into-force date [Repealed, SOR/2022-120, s. 36]
Patent Rules — Patent Rules
category 1 application means an application for a patent for which the filing date is before October 1, 1989. ( demande de catégorie 1 )
Patent Rules — Patent Rules
category 2 application [Repealed, SOR/2022-120, s. 36]
Patent Rules — Patent Rules
category 3 application means an application for a patent for which the filing date is on or after October 1, 1996 but before October 30, 2019. ( demande de catégorie 3 )
Patent Rules — Patent Rules
coming-into-force date [Repealed, SOR/2022-120, s. 36]
Patent Rules — Patent Rules
former Rules means the Patent Rules as they read immediately before October 30, 2019. ( anciennes règles )
Patent Rules — 166
Reissued patents 166 For greater certainty, for the purposes of this Part, a reissued patent is considered to be issued on the basis of the original application.
Patent Rules — 167
Application of subsection 3 (1) 167 For greater certainty, subsection 3 (1) applies in respect of any time limit fixed by the former Rules that continues to apply under these Rules.
Patent Rules — 168
Non-application of certain provisions of these Rules 168 (1) Sections 14, 47 to 51, 55, 56, 58 to 63, 65 and 74, subsection 86(1.1), subparagraphs 87(1)(a)(iii) and (b)(iii), sections 93 to 96, subsections 97(2) and (3) and sections 98 and 104 do not apply in respect of a category 1 application. Non-application of subsection 86 (14) (2) Subsection 86 (14) does not apply in respect of a category 1 application at any time at which it is forfeited under subsection 73(1) of the Act, as it read immediately before October 1, 1989. (3) [Repealed, SOR/2022-120, s. 37] SOR/2022-120, s. 37
Patent Rules — 169
Application of certain provisions of former Rules 169 (1) Subject to subsection (3), sections 170, 171, 174, 175, 177, 181 and 183 to 186 of the former Rules continue to apply in respect of a category 1 application. Application of section 32 of former Rules (2) Section 32 of the former Rules continues to apply in respect of a category 1 application for which a notice of allowance was sent before October 30, 2019, other than such an application that is forfeited under subsection 73(1) of the Act, as it read immediately before October 1, 1989, and is subsequently restored. Photographs (3) Paragraphs 177(1)(a), (b), (e) and (h) of the former Rules do not apply in respect of photographs provided in respect of a category 1 application. Application of section 179 of former Rules (4) Section 179 of the former Rules continues to apply in respect of a category 1 application, except that the reference to “the filing date and number of each application in a country other than Canada on which the applicant bases the claim” in that section is to be read as a reference to “the filing date and the name of the country of filing of each application that was filed in a country other than Canada on which the claim is based”. SOR/2022-120, s. 55
Patent Rules — 170
Reference to “the Act” 170 A reference in section 42 and subsection 86 (13) to “the Act”, in relation to a category 1 application, is to be read as a reference to “the Act as it read immediately before October 1, 1989”.
Patent Rules — 171
Final fee 171 With respect to a category 1 application, (a) the reference to “the final fee set out in item 14 of Schedule 2 not later than four months after the date of the notice” in subsections 86 (1), (6), (10) and (12) is to be read as a reference to “the final fee set out in paragraph 6(b) of Schedule II to the former Rules within six months after the date of the notice”; and (b) the reference to “the small entity fee set out in paragraph 14(a) of Schedule 2”, “the standard fee set out in paragraph 14(a) of Schedule 2” and “the fee set out in paragraph 14(b) of Schedule 2” in subsection 87(1) is to be read as a reference to “the small entity fee set out in subparagraph 6(b)(i) of Schedule II to the former Rules”, “the standard fee set out in paragraph 6(b)(i) of Schedule II to the former Rules” and “the fee set out in subparagraph 6(b)(ii) of Schedule 2 to the former Rules”, respectively. SOR/2022-120, s. 38 SOR/2022-120, s. 53
Patent Rules — 173
No amendment after rejection 173 If a category 1 application is rejected by an examiner under subsection 172 (1) of these Rules or subsection 30(3) of the former Rules, the specification and the drawings contained in the application must not be amended after the date prescribed by subsection 172 (4) of these Rules, unless (a) a notice is sent to the applicant informing them that the rejection is withdrawn; (b) the amendments made are those required in a notice sent under subsection 86(11) of these Rules or subsection 30(6.3) of the former Rules; or (c) the Supreme Court of Canada, the Federal Court of Appeal or the Federal Court orders the amendments to be made.
Patent Rules — 174
Reference 174 The reference to “may be or could have been added, under section 38.2 of the Act without taking into account subsection 38.2(4) of the Act, to the specification and the drawings contained in the original application” in paragraph 91(a) is to be read, in relation to a category 1 application, as a reference to “results from an amendment to the specification or drawings that is not prohibited by section 181 of the former Rules”.
Patent Rules — 175
Reference to subsection 28.4(2) of Act and paragraph 93 (1)(b) of these Rules 175 The reference to “subsection 28.4(2) of the Act” in paragraph 92 (c) and the reference to “paragraph 93 (1)(b)” in paragraph 92 (f), in relation to a category 1 application, are to be read as a reference to “section 179 of the former Rules” and “subsection 184(3) of the former Rules”, respectively.
Patent Rules — 176
Additional fee for restoration of application 176 The additional fee to be paid for the restoration of a category 1 application that was forfeited under subsection 73(1) of the Act, as it read immediately before October 1, 1989, is $200.
Patent Rules — 188
Non-application of certain provisions of these Rules 188 (1) Subsections 73 (1) and (4), 81 (1), 84 (2) and 103 (2) and section 132 do not apply in respect of a category 3 application. Non-application of section 74 (2) Section 74 does not apply in respect of a request for priority made in relation to a category 3 application before October 30, 2019. (3) [Repealed, SOR/2022-120, s. 40] Non-application of subsection 103 (1) (4) Subsection 103 (1) does not apply in respect of a category 3 application that has a presentation date before October 30, 2019. Non-application of section 104 (5) Section 104 does not apply in relation to a category 3 application in respect of which an assignment was registered under subsection 49(2) of the Act, as it read immediately before October 30, 2019. SOR/2022-120, s. 40 SOR/2022-120, s. 55
Patent Rules — 189
Application of section 26.1 of former Rules 189 (1) Section 26.1 of the former Rules continues to apply in respect of the time prescribed by section 98 of the former Rules in respect of a category 3 application. Application of section 32 of former Rules (2) Section 32 of the former Rules continues to apply in respect of a category 3 application for which a notice of allowance was sent before October 30, 2019 other than such an application that is deemed to be abandoned under paragraph 73(1)(f) of the Act, as it read immediately before October 30, 2019, and is subsequently reinstated. Application of section 66 of the former Rules (3) Section 66 of the former Rules continues to apply in relation to a category 3 application in respect of which the applicant, before October 30, 2019, complied with the requirements of subsection 58(1) of the former Rules and, if applicable, with the requirements of subsection 58(2) of those Rules. Application of section 98 of former Rules (4) If, under section 78.51 or 78.52 of the Act, section 73 of the Act, as it read immediately before October 30, 2019, applies in respect of the abandonment of a category 3 application, section 98 of the former Rules continues to apply in respect of that abandonment. SOR/2022-120, s. 55
Patent Rules — 190
Extension of time 190 The Commissioner is authorized to extend, in respect of a category 3 application, the time referred to in the former Rules for payment of the fee referred to in subsection 3(3), (5) or (7) of the former Rules or the time referred to in subsection 199(2) or (5) of these Rules for the payment of the final fee, 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) of these Rules are met. SOR/2022-120, s. 41
Patent Rules — 191
Prescribed date — withdrawal of request for priority 191 For the purposes of subsection 10(4) of the Act, if a request for priority that was made in respect of a category 3 application has been withdrawn with respect to a previously regularly filed application for a patent before October 30, 2019, the prescribed date is, despite section 17 , the later of (a) the earlier of (i) the day on which a period of 16 months after the filing date of the previously regularly filed application expires, and (ii) if the request for priority is based on more than one previously regularly filed application, the day on which a period of 16 months after the earliest of the filing dates of those applications expires, and (b) if the Commissioner is able to stop the technical preparations to open the category 3 application to public inspection before the expiry of the confidentiality period referred to in subsection 10(2) of the Act, the day on which the Commissioner stops those preparations. SOR/2022-120, s. 55
Patent Rules — 192
Prescribed date — withdrawn application 192 If a category 3 application is withdrawn before October 30, 2019, for the purposes of subsection 10(5) of the Act, the prescribed date is, despite section 18 of these Rules, the day that is two months before the expiry date of the confidentiality period referred to in subsection 10(2) of the Act or, if the Commissioner is able to stop the technical preparations to open the application to public inspection at a subsequent date preceding the expiry of that period, that subsequent date. SOR/2022-120, s. 55
Patent Rules — 193
Exception to subsection 50 (1) 193 In respect of a category 3 application, the applicant may comply with the requirements of subsection 73(1) of the former Rules instead of the requirements of subsection 50 (1) of these Rules.
Patent Rules — 194
Exception to section 58 194 In respect of a category 3 application for which the filing date was before June 2, 2007, the applicant may comply with the requirements of sections 111 to 131 of the Patent Rules , as they read immediately before June 2, 2007, instead of the requirements of section 58 of these Rules.
Patent Rules — 195
Requirements for request for priority 195 (1) For the purposes of subsection 28.4(2) of the Act, a request for priority in respect of a category 3 application must be made in the petition of that application or in a separate document, before the later of the end of (a) a period 16 months after the earliest of the filing dates of the previously regularly filed applications for a patent on which the request is based, and (b) a period four months after the filing date of the category 3 application. Time prescribed by subsection 73 (1) (2) With respect to a request for priority made in relation to a category 3 application, the reference to “the time prescribed by subsection (1)” in subsections 73 (2) and (6) is to be read as a reference to “the time prescribed by subsection 195 (1)”. Correction — error in filing date (3) An error in a filing date submitted under subsection 28.4(2) of the Act in relation to a request for priority in respect of a category 3 application may be corrected on request submitted before the earliest of (a) the end of the period referred to in subsection (1), as determined using the corrected filing date, (b) the end of the period referred to in subsection (1), as determined using the uncorrected filing date, and (c) if applicable, the day on which the applicant submits their approval, under subsection 10(2) of the Act, for the category 3 application to be open to public inspection before the expiry of the confidentiality period, unless that approval is withdrawn in time to permit the Commissioner to stop the technical preparations to open the application to public inspection. Non-application of subsection 3 (1) (4) Subsection 3 (1) does not apply to the time referred to in subsection (1).
Patent Rules — 197
Prescribed time — subsection 35(2) of Act 197 (1) For the purposes of subsection 35(2) of the Act, in respect of a category 3 application, the prescribed time for making a request for examination and for paying the fee is any time before (a) in the case of such an application that is not a divisional application, the end of a period of five years after the filing date of the application; and (b) in the case of such an application that is 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 or, if the presentation date precedes October 30, 2019, the end of a period of six months after the presentation date of the divisional application. Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply to the times prescribed by subsection (1). SOR/2022-120, s. 55
Patent Rules — 198
Exception to subsection 84 (1) 198 If a request is made by an applicant under subsection 84 (1) in relation to a category 3 application, the Commissioner must not, despite that subsection, advance the examination of that application out of its routine order or, if the examination has been 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) after April 30, 2011, the Commissioner has, under subsection 26(1) of the former Rules, extended the time fixed for doing anything in respect of the application; (c) after April 30, 2011, the application is or was deemed to be abandoned under (i) subsection 73(1) of the Act, or (ii) subsection 73(1) of the Act, as it read immediately before October 30, 2019; or (d) on or after October 30, 2019, the application is or was deemed to be abandoned under subsection 73(2) of the Act. SOR/2022-120, s. 55
Patent Rules — 198.1
Exception to subsection 86(16) 198.1 In subsection 86(16), the reference to paragraph 132(1)(g), in relation to a category 3 application, is to be read as a reference to paragraph 203(1)(e). SOR/2023-113, s. 8
Patent Rules — 200
No amendment after rejection 200 If a category 3 application is rejected by an examiner under subsection 199 (1) of these Rules or subsection 30(3) of the former Rules, the specification and the drawings contained in the application must not be amended after the date prescribed by subsection 199 (4) of these Rules, unless (a) a notice is sent to the applicant informing them that the rejection is withdrawn; (b) the amendments are those required in a notice sent under subsection 86 (11) of these Rules or subsection 30(6.3) of the former Rules; or (c) the Supreme Court of Canada, the Federal Court of Appeal or the Federal Court orders the amendments to be made.
Patent Rules — 201
Request to furnish sample to independent expert 201 (1) A notice referred to in subsection 104(4) of the former Rules that was filed in respect of a category 3 application is considered to be a request referred to in section 95 of these Rules. Independent expert considered to be nominated (2) An independent expert who was nominated under subsection 109(1) of the former Rules is considered to be nominated under section 96 of these Rules.
Patent Rules — 202
Documents and information — divisional application 202 (1) For the purposes of paragraph 38.2(3.1)(b) of the Act, the prescribed documents and information in respect of a category 3 application that has a presentation date before October 30, 2019 are (a) in the case of such an application that has a presentation date before June 2, 2007, the documents and information referred to in clauses 78.2(a)(iii)(A) to (D) of the Act; and (b) in the case of such an application that has a presentation date on or after June 2, 2007 but before October 30, 2019, the documents and information referred to in clauses 78.2(a)(iv)(A) to (D) of the Act. Presentation date (2) The presentation date of a category 3 application is (a) if all of the elements referred to in clauses 78.2(a)(iii)(A) to (E) of the Act were received by the Commissioner before June 2, 2007, the day on which they were received or, if they were received on different days, the latest of those days; (b) if paragraph (a) does not apply and if at least one of the elements referred to in clauses 78.2(a)(iv)(A) to (E) of the Act was received by the Commissioner on or after June 2, 2007 and all of those elements were received by the Commissioner before October 30, 2019, the day on which they were received, or if they were received on different days, the latest of those days; and (c) if paragraphs (a) and (b) do not apply and if all of the documents and information referred to in subsection 103(1) of these Rules were received by the Commissioner and at least one of those elements was received by the Commissioner on or after October 30, 2019, the day on which they were received or, if they were received on different days, the latest of those days. SOR/2022-120, s. 55
Patent Rules — 203
Application deemed abandoned 203 (1) For the purposes of subsection 73(2) of the Act, a category 3 application is deemed to be abandoned if (a) a notice is sent under section 31 and the requirements are not complied with within the applicable time referred to in that section; (b) 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; (c) 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; (c.1) 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); (d) a notice of allowance is sent under subsection 86(1), (6), (10) or (12) or 199(2) or (5) 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; (e) 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 (f) 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)(d) and (e) 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. 42 SOR/2023-113, s. 9
Patent Rules — 204
Refund of final fee 204 If a category 3 application is deemed to be abandoned under paragraph 73(1)(f) of the Act, as it read immediately before October 30, 2019, and is subsequently reinstated, (a) the Commissioner must refund the final fee paid in respect of that application if a request for a refund of the fee is received not later than one month after the date of the reinstatement of the application; and (b) if the final fee paid in respect of that application has not been refunded, despite subsections 86(1), (1.1), (6), (10) and (12), the Commissioner must not require payment of that fee in any notice of allowance or conditional notice of allowance sent after the reinstatement of the application. SOR/2022-120, s. 43 SOR/2022-120, s. 55
Patent Rules — 205
Non-application of subsections 97 (2) and (3) 205 (1) Subsections 97(2) and (3) do not apply in respect of a patent granted on the basis of a category 1 application. Application of subsections 187(2) and (3) of former Rules (2) Subsections 187(2) and (3) of the former Rules continue to apply in respect of a patent issued on the basis of a category 1 application, except that the reference to subsection (1) in subsection 187(2) is to be read as a reference to subsection 97 (1) of these Rules. (3) [Repealed, SOR/2022-120, s. 44] SOR/2022-120, s. 44
Patent Rules — 206
Application of certain provisions of former Rules to patents granted on basis of category 1 application 206 Subsections 3(9) and 182(1) to (3) of the former Rules and item 32 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 1 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. SOR/2022-120, s. 55