GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Rules — 90
Time for filing if original application refused 90 Unless a shorter time is applicable under subsection 36(2), (2.1) or (3) of the Act, if an application for a patent is refused by the Commissioner under section 40 of the Act, the time for filing a divisional application resulting from the division of that application is any time before (a) if an appeal is not taken under section 41 of the Act, the end of a period of six months after the notice as provided for in section 40 of the Act is mailed; (b) if an appeal is taken under section 41 of the Act and no appeal is taken to the Federal Court of Appeal from the final judgment of the Federal Court on that appeal, the later of (i) the end of the period referred to in paragraph (a), and (ii) the end of a period of two months after the day on which final judgment is rendered in the appeal by the Federal Court or, if the appeal is discontinued, the end of a period of two months after the day on which the appeal is discontinued; (c) if an appeal is taken under section 41 of the Act and the final judgment of the Federal Court in that appeal is appealed to the Federal Court of Appeal and no appeal is taken to the Supreme Court of Canada from the final judgment of the Federal Court of Appeal in that appeal, the later of (i) the end of a period of two months after the day on which the final judgment of the Federal Court of Appeal is rendered in the appeal or, if the appeal to the Federal Court of Appeal is discontinued, the end of a period of two months after the day on which the appeal is discontinued, and (ii) if an application is made in accordance with the Supreme Court Act for leave to appeal to the Supreme Court of Canada from the final judgment of the Federal Court of Appeal, the end of a period of two months after the day on which the application is dismissed or granted; and (d) if an appeal is taken under section 41 of the Act and the final judgment of the Federal Court in that appeal is appealed to the Federal Court of Appeal and an appeal is taken to the Supreme Court of Canada from the final judgment of the Federal Court of Appeal in that appeal, the end of a period of two months after the day on which the final judgment of the Supreme Court is rendered in the appeal or, if the appeal to the Supreme Court is discontinued, the end of a period of two months after the day on which the appeal is discontinued.
Patent Rules — 91
Clarification 91 For greater certainty, the specification and the drawings contained in a divisional application, other than a divisional application resulting from 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 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; or (b) it is admitted in the specification contained in the divisional application that the matter is prior art. SOR/2022-120, s. 18
Patent Rules — 92
Actions considered taken — divisional application 92 If, on or before the presentation date of a divisional application, any of the following measures has been taken with respect to the original application, the same measure is considered to have been taken, with respect to the divisional application, on the date the action was taken in respect of the original application: (a) a small entity declaration has been filed; (b) a request for priority has been made and has not been withdrawn; (c) information required under subsection 28.4(2) of the Act has been submitted to the Commissioner in respect of a request for priority; (d) a copy or an English or French translation of a previously regularly filed application for a patent, or a certificate showing its filing date, has been submitted to the Commissioner; (e) a copy of a previously regularly filed application for a patent has been made available to the Commissioner in a digital library; (f) information required by paragraph 93 (1)(b) in respect of a deposit of biological material has been submitted to the Commissioner; or (g) a request has been submitted under subsection 95 (1).
Patent Rules — 93
Conditions 93 (1) For the purpose of subsection 38.1(1) of the Act, the following conditions apply to a deposit of biological material: (a) the deposit of biological material must be made by the applicant or their predecessor in title with an international depositary authority on or before the filing date of the application for a patent; (b) the applicant must, before the day on which the application for a patent becomes open to public inspection at the Patent Office, inform the Commissioner of the name of the international depositary authority and the accession number given by the authority to the deposit; (c) the information required by paragraph (b) must be included in the description; (d) in the case where a sample of the biological material is transferred to a substitute authority under Rule 5 of the Regulations under the Budapest Treaty, the applicant or patentee must inform the Commissioner of the accession number given to the deposit by that authority not later than (i) in respect of an application for a patent other than a PCT national phase application, three months after the day on which the authority issues a receipt, and (ii) in respect of a PCT national phase application, the later of three months after the day on which the authority issues a receipt and three months after the national phase entry date of that application; (e) in the case where the depositor is notified under Article 4 of the Budapest Treaty of the inability of the international depositary authority to furnish samples, a new deposit must be made in accordance with that Article; and (f) in the case where a new deposit of the biological material is made with another international depositary authority under Article 4(1)(b)(i) or (ii) of the Budapest Treaty, the applicant or patentee must inform the Commissioner of the accession number given to the deposit by that authority not later than (i) in respect of an application for a patent other than a PCT national phase application, three months after the day on which the authority issues a receipt, and (ii) in respect of a PCT national phase application, the later of three months after the day on which the authority issues a receipt and three months after the national phase entry date of that application. PCT national phase application (1.1) In respect of an international application that has become a PCT national phase application and that is published 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 requirement set out in paragraph (1)(b) is considered to be met only if the information referred to in that paragraph was furnished in accordance with the requirements of the Patent Cooperation Treaty before the day on which the international application is published. Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply to the time referred to in paragraph (1)(b). SOR/2022-120, s. 19
Patent Rules — 94
Inclusion of date of deposit of biological material 94 If a specification refers to a deposit of biological material and the deposit is taken into consideration by an examiner in determining whether the specification complies with subsection 27(3) of the Act and the date of that deposit is not already included in the description, the examiner may by notice requisition the applicant to amend the description to include the date of that deposit.
Patent Rules — 95
Request to furnish sample to independent expert 95 (1) If the specification contained in an application for a patent refers to a deposit of biological material, the applicant may, before the day on which the application becomes open to public inspection at the Patent Office, submit to the Commissioner a request that, until a patent has been issued on the basis of the application or the application is refused, withdrawn or deemed to be abandoned and no longer subject to reinstatement, the Commissioner only authorize in respect of that application the furnishing of a sample of the deposited biological material to an independent expert nominated under section 96 . Non-application of subsection 3 (1) (2) Subsection 3 (1) does not apply to the time for submitting the request referred to in subsection (1).
Patent Rules — 96
Nomination of independent expert 96 (1) If an applicant submits a request under section 95 , the Commissioner must, on the request of any person and with the agreement of the applicant, nominate an independent expert. No agreement on nomination (2) If the Commissioner and the applicant cannot agree on the nomination of an independent expert, the request under section 95 is considered not to have been submitted.
Patent Rules — 97
Form for submitting request 97 (1) The Commissioner must publish on the website of the Canadian Intellectual Property Office a form for submitting a request for the furnishing of a sample of deposited biological material, the contents of which must be the same as the contents of the form referred to in Rule 11.3(a) of the Regulations under the Budapest Treaty. Certification (2) Subject to section 98 , if a specification contained in a Canadian patent, or in an application for a patent filed in Canada that is open to public inspection at the Patent Office, refers to a deposit of biological material by the applicant and if a person submits a request to the Commissioner on the form referred to in subsection (1), the Commissioner must make the certification referred to in Rule 11.3(a) of the Regulations under the Budapest Treaty in respect of that person if (a) a patent has been issued on the basis of the application or the application has been refused, withdrawn or deemed to be abandoned and is no longer subject to reinstatement; or (b) the Commissioner has received an undertaking by that person (i) not to make any sample of biological material furnished by the international depositary authority or any material derived from such a sample available to any other person before either a patent is issued on the basis of the application or the application is refused, withdrawn or deemed to be abandoned and no longer subject to reinstatement, and (ii) to use the sample of biological material furnished by the international depositary authority and any material derived from such a sample solely for the purpose of experiments that relate to the subject-matter of the application until either a patent is issued on the basis of the application or the application is refused, withdrawn or deemed to be abandoned and no longer subject to reinstatement. Copy of request and certification to be sent (3) Except in the case where subsection 98 (2) applies, if the Commissioner makes a certification under subsection (2), the Commissioner must send a copy of the request together with the certification to the person who submitted the request.
Patent Rules — 98
Person authorized to submit request 98 (1) If an applicant submits a request under section 95 , until a patent is issued on the basis of the application or the application is refused, withdrawn or deemed to be abandoned and no longer subject to reinstatement, a request under section 97 may only be submitted by an independent expert nominated under section 96 . Copy of request and certification to be sent (2) If the Commissioner makes a certification under subsection 97 (2) in respect of an independent expert nominated by the Commissioner, the Commissioner must send a copy of the request together with the certification to the applicant and to the person who requested the nomination of the expert.
Patent Rules — 99
No amendment before submission of translation 99 If an applicant is required to submit a translation under subsection 15 (2) or (3), the specification and the drawings contained in the application for a patent must not be amended by the applicant before they submit the translation to the Commissioner.
Patent Rules — 100
No amendment after notice of allowance or conditional notice of allowance 100 (1) Subject to subsection (2), the specification and the drawings contained in an application for a patent must not be amended by the applicant after a notice of allowance or conditional notice of allowance is sent, unless (a) the notice is withdrawn by the Commissioner or set aside in accordance with subsection 85.1(4); or (b) the amendments are those referred to in the conditional notice of allowance and are made in accordance with subsection 86(1.1) or, if the application is deemed to be abandoned under subsection 73(2) of the Act in the circumstances referred to in paragraph 132(1)(g) of these Rules, on or before the day on which the conditions for reinstatement set out in subsection 73(3) of the Act are met in respect of that abandonment. Exception — obvious errors (2) The applicant may amend the specification and the drawings contained in the application if it is obvious from the specification and the drawings contained in the application on the day on which the notice of allowance or conditional notice of allowance was sent that something other than what appears in the specification and the drawings was intended and that nothing other than the proposed amendment could have been intended. The amendments must be made (a) if a notice of allowance was sent and has not been withdrawn by the Commissioner or set aside in accordance with subsection 85.1(4), 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; and (b) if a conditional notice of allowance was sent and has not been withdrawn by the Commissioner or set aside in accordance with subsection 85.1(4), on or before the day on which the applicant replies in good faith to the conditional notice of allowance. Effect of withdrawal or setting aside (3) If a conditional notice of allowance is withdrawn by the Commissioner or set aside in accordance with subsection 85.1(4), any amendments made to the application during the period beginning on the day on which the conditional notice of allowance is sent and ending on the day before the day on which the conditional notice of allowance is withdrawn or set aside are considered never to have been made. SOR/2022-120, s. 20
Patent Rules — 101
No amendment after rejection 101 If an application for a patent is rejected by an examiner under subsection 86 (3), the specification and the drawings contained in the application must not be amended by the applicant after the date prescribed by subsection 86 (8), 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); or (c) the Supreme Court of Canada, the Federal Court of Appeal or the Federal Court orders the amendments to be made.
Patent Rules — 102
Amendment to specification or drawings 102 An amendment by the applicant to the specification or the drawings contained in an application for a patent must be made by submitting a new page to replace each page altered by the amendment and a statement explaining the purpose of the amendment and identifying the differences between the new page and the replaced page.
Patent Rules — 103
Prescribed Documents and information — divisional application 103 (1) For the purpose of paragraph 38.2(3.1)(b) of the Act, the prescribed documents and information are (a) an explicit or implicit indication that the granting of a Canadian patent is being sought; (b) information allowing the identity of the applicant to be established; (c) information allowing the Commissioner to contact the applicant; and (d) a document that, on its face, appears to be a description. Presentation date (2) The presentation date of an application for a patent is the date on which the Commissioner receives the documents and information referred to in subsection (1) or, if they are received on different dates, the latest of those dates.
Patent Rules — 104
Error – naming of applicants 104 The Commissioner must, on request, correct an error with respect to the naming of applicants in an application for a patent, other than a PCT national phase application, if the request contains a statement to the effect that the error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, and is made by the person who submitted the application not later than the earlier of (a) the day on which the application becomes open to public inspection at the Patent Office, and (b) if the Commissioner records a transfer of the application under section 49 of the Act, the day on which the Commissioner received the request to record that transfer. SOR/2022-120, s. 21
Patent Rules — 105
Error – naming of applicants 105 The Commissioner must, on request, correct an error with respect to the naming of applicants in an application for a patent if the request contains a statement to the effect that the correction does not add or delete the name of an applicant or change the identity of a named applicant and is made by the applicant 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. SOR/2022-120, s. 22
Patent Rules — 106
Error – naming of inventors 106 The Commissioner must, on request, correct an error with respect to the naming of inventors in an application for a patent if (a) in the case of a request that contains a statement to the effect that the correction does not add or delete the name of an inventor or change the identity of a named inventor, the request is made by the applicant 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; or (b) in any other case, the request is made by the applicant before the day on which a notice of allowance or conditional notice of allowance is sent or, if the notice of allowance or conditional notice of allowance is withdrawn by the Commissioner or set aside in accordance with subsection 85.1(4), before the day on which another notice of allowance or conditional notice of allowance is sent. SOR/2022-120, s. 22
Patent Rules — 107
Obvious error made by Commissioner 107 (1) The Commissioner may, on his or her own initiative within 12 months after the day on which a patent is issued under the Act, or on the request of the patentee made within that period, correct an error made by the Commissioner in the patent or in the specification or the drawings referenced in the patent if, from the documents that were in the possession of the Patent Office on that day, it is obvious that something other than what appears in the patent, the specification or the drawings was intended and that nothing other than the correction could have been intended. Date of correction (2) A correction made under subsection (1) is considered to have been made on the day on which the patent was issued.
Patent Rules — 108
Obvious error made by re-examination board 108 (1) The Commissioner may, on his or her own initiative within six months after the day on which a certificate is issued under section 48.4 of the Act, or on the request of the patentee made within that period, correct an error made by the re-examination board in the certificate if, from the documents that were in the possession of the Patent Office on that day, it is obvious that something other than what appears in the certificate was intended and that nothing other than the correction could have been intended. Date of correction (2) A correction made under subsection (1) is considered to have been made on the day on which the certificate was issued.
Patent Rules — 109
Correction on request of patentee 109 (1) On the request of the patentee, made in accordance with subsection (2), not later than 12 months after the day on which a patent is issued under the Act and on payment of the fee set out in item 24 of Schedule 2, the Commissioner must correct (a) an error with respect to the naming of a patentee or an inventor included in the patent, if the request for a correction contains a statement to the effect that the correction does not add or delete the name of a patentee or an inventor or change the identity of a named patentee or inventor, as the case may be; or (b) an error in the specification or the drawings referenced in the patent, if from the specification or the drawings referenced in the patent at the time the patent was issued it would have been obvious to a person skilled in the art or science to which the patent pertains that something other than what appears in the specification or the drawings was intended and that nothing other than the correction could have been intended. Contents of request (2) A request under subsection (1) must contain (a) an indication that a correction of an error is being requested; (b) the number of the patent concerned; (c) the correction to be made; and (d) new pages to replace the pages altered by the correction, if the error is in the specification or the drawings and the error was not made by the Commissioner. Notice (3) If a request is made under subsection (1) during the 12-month period referred to in that subsection but the request does not comply with subsection (2) or the fee referred to in subsection (1) is not paid, the Commissioner must by notice require the patentee to submit the elements referred to in subsection (2) or pay the fee referred to in subsection (1), as applicable, not later than three months after the date of the notice. Correction after notice (4) The Commissioner must make the correction if the applicant complies with the notice not later than three months after the date of the notice and if the error is one referred to in subsection (1). Date of correction (5) A correction made under subsection (1) or (4) is considered to have been made on the day on which the patent was issued. SOR/2022-120, s. 23
Patent Rules — 110
Non-application of subsection 3(1) 110 Subsection 3(1) does not apply in respect of the times referred to in section 104, 105 or 106 or subsection 107(1), 108(1) or 109(1), (3) or (4). SOR/2022-120, s. 24
Patent Rules — 111
Certificate 111 (1) If the Commissioner corrects an error under section 107 , 108 or 109 , the Commissioner must, under the seal of the Patent Office, issue a certificate setting out the correction. Obvious error made by Commissioner (2) The Commissioner may correct an error made in the certificate if, from the documents that were in the possession of the Patent Office on the day on which the certificate was issued, it is obvious that something other than what appears in the certificate was intended and that nothing other than the correction could have been intended.
Patent Rules — 112
on the basis of an application for a patent, in respect of which a fee was payable under subsection 27.1(1) of the Act for an anniversary of the filing date of the application that fell within the 12-month period preceding the day on which the patent was issued but that was not yet paid before that day, the prescribed fee to maintain in effect the rights accorded by the patent is, for the day of the first of the anniversaries of the filing date of the application that fall on or after the day on which the patent was issued, the total of (a) the unpaid fee, (b) the late fee set out in item 26 of Schedule 2, and (c) the fee prescribed by paragraph (1)(a) or (b) of this section for that anniversary, as applicable. SOR/2021-131, s. 19 SOR/2022-120, s. 25 SOR/2023-113, s. 3