GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Rules — 10
Manner of submitting documents, information or fees 10 (1) Unless they are submitted by electronic means under subsection 8.1(1) of the Act, any documents, information or fees must be submitted to the Commissioner or the Patent Office by physical delivery to the Patent Office or to an establishment that is designated by the Commissioner as being accepted for that purpose. Date of receipt — physical delivery to Patent Office (2) Documents, information or fees that are submitted to the Commissioner or the Patent Office by physical delivery to the Patent Office are deemed to have been received by the Commissioner (a) if they are delivered when the Office is open to the public, on the day on which they are delivered; and (b) if they are delivered when the Office is closed to the public, on the first day on which the Office is next open to the public. Date of receipt — physical delivery to designated establishment (3) Documents, information or fees that are submitted to the Commissioner or the Patent Office by physical delivery to a designated establishment are deemed to have been received by the Commissioner (a) if they are delivered when the establishment is open to the public, (i) in the case where the Patent Office is open to the public for all or part of the day on which they are delivered, on that day, and (ii) in any other case, on the first day on which the Patent Office is next open to the public; and (b) if they are delivered when the establishment is closed to the public, on the first day on which the Patent Office is next open to the public that falls on or after the day on which the establishment is next open to the public. Date of receipt — submission by electronic means (4) Documents, information or fees that are submitted by electronic means under subsection 8.1(1) of the Act are deemed to have been received by the Commissioner on the day on which, according to the local time of the place where the Patent Office is located, the Patent Office receives them. Date of receipt — service provider (5) Despite subsection (4), if documents, information or fees referred to in that subsection are first transmitted to a service provider authorized by the Commissioner to receive them and then are either transmitted or made available to the Commissioner or the Patent Office, they are deemed to have been received by the Commissioner or the Patent Office on the day on which, according to the local time of the place where the Patent Office is located, the service provider receives them. SOR/2024-241, s. 5
Patent Rules — 11
Communication sent — suspension, revocation or surrender 11 Despite sections 34 and 35 , if a patent agent’s licence is suspended, revoked or surrendered, any communication respecting a patent or an application for a patent that is sent by the Commissioner or the Patent Office to that patent agent is considered not to have been sent to the patentee or applicant if (a) it is sent within four months before the date of the suspension, revocation or surrender and no reply is provided before that date; or (b) it is sent on the date of the suspension, revocation or surrender. SOR/2021-131, s. 3
Patent Rules — 12
Acknowledgment by Commissioner 12 A written communication submitted to the Commissioner in respect of a filing under section 34.1 of the Act and a written communication submitted to the Commissioner before the granting of a patent with the stated or apparent intention of protesting against the granting of that patent must be acknowledged, but information must not be given as to the action taken unless the application for the patent is open to public inspection at the Patent Office. SOR/2021-131, s. 4(E)
Patent Rules — 13
Manner of submission 13 (1) Subject to subsection (2), documents submitted in paper form in connection with a patent and an application for a patent must (a) be submitted on sheets of white paper that are free of creases and folds and that are 21.6 cm x 27.9 cm (8.5” x 11”) or 21 cm x 29.7 cm (A4 format); (b) be submitted in a manner that permits direct reproduction by the Patent Office; and (c) be free of interlineations, cancellations or corrections. Exception (2) Certified copies of documents and documents concerning transfers referred to in section 49 of the Act may be submitted on sheets of paper that are not larger than 21.6 cm x 35.6 cm (8.5” x 14”).
Patent Rules — 14
Layout 14 (1) Subject to subsection (2), the contents of each page of a document must be in an upright position. Exception (2) If it aids in presentation, figures, tables and chemical or mathematical formulas may appear sideways. SOR/2022-120, s. 4
Patent Rules — 16
Information respecting application for patent 16 Unless otherwise required by law, the Commissioner and the Patent Office must not provide any information in respect of an application for a patent that is not open to public inspection at the Patent Office to any person other than (a) the applicant or, if there are joint applicants, any of the applicants; (b) a patent agent appointed in respect of that application; or (c) a person authorized by (i) the applicant, if there is a single applicant, (ii) the common representative, if there are joint applicants, or (iii) a patent agent appointed in respect of that application. SOR/2021-131, s. 5
Patent Rules — 17
Prescribed date — withdrawal of request for priority 17 For the purposes of subsection 10(4) of the Act, if a request for priority is withdrawn with respect to a previously regularly filed application for a patent, the prescribed date is the earlier of (a) the day on which a period of 16 months after the filing date of the previously regularly filed application expires, and (b) 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.
Patent Rules — 18
Prescribed date — withdrawn application 18 For the purposes of subsection 10(5) of the Act, the prescribed date is the earlier of (a) the day that is two months before the expiry date of the confidentiality period referred to in subsection 10(2) of the Act, and (b) if applicable, the day on which the applicant submits their approval under subsection 10(2) of the Act for the application for a patent to be open to public inspection before the expiry of the confidentiality period.
Patent Rules — 26
ranted; and (f) in respect of a reissued patent, the date on which the patent was reissued. Common representative by default — transfer of rights of common representative (11) If, under section 49 of the Act, the Commissioner records the transfer of all of the rights of a common representative in a patent or an application for a patent, as set out in the records of the Patent Office immediately before the transfer is recorded, and, immediately after the transfer is recorded, there is still more than one applicant for the patent or more than one patentee for the patent but no other common representative is appointed under paragraph (3)(a), the following person is deemed to be appointed as the common representative in respect of that patent or application: (a) if the rights of the common representative are transferred to a single person, that person; and (b) if the rights of the common representative are transferred to more than one person, the transferee whose name appears first in the request to record the transfer. Revocation of appointment (12) An appointment of a common representative, including a deemed appointment, is revoked by the subsequent appointment of another common representative under paragraph (3)(a) or subsection (11). SOR/2022-120, s. 6
Patent Rules — 27
y an applicant for a patent or a patentee is revoked if (a) a notice to that effect is submitted to the Commissioner and signed by that one patent agent or any of the patent agents at that firm or by (i) if there is a single applicant or patentee, the applicant or patentee, (ii) if there is a single applicant or patentee and a document authorizing a foreign practitioner to revoke the appointment is signed by the applicant or patentee and is submitted at the same time to the Commissioner, that foreign practitioner, (iii) if there are joint applicants or patentees, the common representative, or (iv) if there are joint applicants or patentees and a document signed by the common representative authorizing a foreign practitioner to revoke the appointment is submitted at the same time to the Commissioner, that foreign practitioner; or (b) the licence of that one patent agent, or each of the patent agents at that firm, is suspended, revoked or surrendered. Revocation — appointment by another person (8) The appointment, including a deemed appointment, other than as an associate patent agent, of one patent agent or all the patent agents at the same firm, in respect of a patent or an application for a patent by a person other than an applicant for a patent or a patentee is revoked if (a) a notice to that effect, signed by that person, by that one patent agent or by any of the patent agents at that firm, is submitted to the Commissioner; (b) a document signed by that person authorizing a foreign practitioner to revoke the appointment is submitted to the Commissioner at the same time as a notice revoking the appointment signed by that foreign practitioner; or (c) the licence of that one patent agent, or each of the patent agents at that firm, is suspended, revoked or surrendered. SOR/2021-131, s. 7
Patent Rules — 28.1
Patent agent — member of firm 28.1 If all the patent agents at the same firm have been appointed under section 27 or 28, the following rules apply: (a) a patent agent who becomes a member of the firm after the appointment is deemed to be appointed beginning on the day on which they become a member of the firm; (b) a person who is a member of the firm who becomes a patent agent after the appointment is deemed to have been appointed beginning on the day on which they become a patent agent; (c) the appointment of a patent agent who ceases to be a member of the firm is deemed to be revoked on the day on which they cease to be a member of the firm; and (d) the appointment of a patent agent whose licence is suspended, revoked or surrendered is deemed to be revoked on the day on which their licence is suspended, revoked or surrendered. SOR/2021-131, s. 9
Patent Rules — 29
Appointment document — one patent agent 29 (1) A document appointing one patent agent must include the name and postal address of that patent agent. Appointment document — all the patent agents (2) A document appointing all the patent agents at the same firm must include the name and postal address of the firm. An appointment document that includes only the name and postal address of the firm is sufficient to appoint all the patent agents at that firm. SOR/2021-131, s. 9
Patent Rules — 29.1
Written communications 29.1 If all the patent agents at the same firm have been appointed or are deemed to have been appointed under section 27 or 28, any written communication sent by the Commissioner or the Patent Office to the firm is considered to have been sent to all of the patent agents at the firm. SOR/2021-131, s. 9
Patent Rules — 30
Patent agent by default — transfer 30 The patent agent or all the patent agents at the same firm who were appointed, other than as an associate patent agent, to represent an applicant or patentee before the Patent Office are, unless otherwise indicated in a request to record a transfer under subsection 49(2) or (3) of the Act, deemed to have been appointed by the transferee in respect of the patent or the application that is the subject of the recording. SOR/2021-131, s. 9
Patent Rules — 31
Notice requiring appointment of patent agent 31 If an applicant for a patent is required under subsection 27(2) to appoint a patent agent but no patent agent is appointed, the Commissioner must by notice to the applicant require that, not later than three months after the date of the notice, the applicant appoint a patent agent. SOR/2021-131, s. 9
Patent Rules — 32
Successor patent agent 32 (1) A patent agent who, in respect of a patent or application for a patent, demonstrates to the Commissioner that they are the successor to a patent agent or all the patent agents at the same firm who were appointed under section 27 or 28 and who have since withdrawn from practice is deemed to be appointed under section 27 or 28, as the case may be, in respect of that patent or application. Successor patent agents (2) All the patent agents at the same firm who, in respect of a patent or application for a patent, demonstrate to the Commissioner that they are the successors to a patent agent or all the patent agents at the same firm who were appointed under section 27 or 28 and who have since withdrawn from practice are deemed to be appointed under section 27 or 28, as the case may be, in respect of that patent or application. SOR/2021-131, s. 9
Patent Rules — 33
Effect of act by common representative 33 Subject to sections 36 and 37 , in any business before the Patent Office, an act done in respect of a patent or an application for a patent, by or in relation to a common representative, has the effect of an act done by or in relation to all of the applicants or patentees.
Patent Rules — 34
Effect of act by patent agent 34 Subject to sections 36 and 37, in any business before the Patent Office, an act done in respect of a patent or an application for a patent, by or in relation to a patent agent, other than an associate patent agent, who is appointed in respect of that application or patent, has the same effect as an act done by or in relation to the applicant for a patent, a patentee or other person who appointed the patent agent. SOR/2021-131, s. 10
Patent Rules — 35
Effect of act by associate patent agent 35 Subject to sections 36 and 37 , in any business before the Patent Office, an act done in respect of a patent or an application for a patent, by or in relation to an associate patent agent appointed in respect of that application or patent, has the same effect as an act done by or in relation to the applicant for a patent, a patentee or other person who appointed the patent agent who appointed the associate patent agent.
Patent Rules — 36
Prosecuting or maintaining in effect application for patent 36 (1) Subject to subsections (2) to (5), only the following persons are authorized to act in any business before the Patent Office for the purpose of prosecuting or maintaining in effect an application for a patent: (a) if, in respect of the application, a patent agent is appointed or there is a requirement under subsection 27(2) to appoint a patent agent, the patent agent who is appointed; and (b) in any other case, (i) if there is a single applicant, the applicant, and (ii) if there are joint applicants, the common representative. Exceptions (2) For the purposes of filing an application for a patent, paying a fee under subsection 27(2) or section 27.1 of the Act, paying the additional fee for late payment referred to in subsection 154(4) of these Rules or complying with the requirements of subsection 154(1), (2) or (3) of these Rules, (a) if there is a single applicant, they must represent themselves or be represented by a person authorized by the applicant; and (b) if there are joint applicants, they must be represented by one of the applicants or by a person authorized by one of the applicants. Exceptions (3) For the purpose of submitting a request to record a transfer under subsection 49(2) of the Act, (a) if there is a single applicant, they must represent themselves or be represented by a person authorized by the applicant; and (b) if there are joint applicants, (i) in the case where the transfer is a transfer of the right or interest of a single joint applicant, the joint applicants must be represented by that joint applicant or by the common representative, or by a person authorized by that joint applicant or by the common representative, and (ii) in any other case, the joint applicants must be represented by the common representative or by a person authorized by the common representative. Exceptions (4) For the purposes of submitting a request to record a name change under section 125 , (a) if there is a single applicant, they must represent themselves or be represented by a person authorized by the applicant; and (b) if there are joint applicants, they must be represented by the common representative or by a person authorized by the common representative. Exceptions (5) For the purposes of section 27.01 or 28.01 of the Act, for the purpose of paying a fee in respect of an application for a patent — other than a fee under subsection 27(2) or section 27.1 of the Act or a fee referred to in subsection 154 (1), (2), (3) or (4) of these Rules — or for the purpose of taking any of the actions required by subparagraphs 73(3)(a)(i) to (iv) of the Act to reinstate an application for a patent deemed to be abandoned under paragraph 73(1)(c) of the Act, (a) if there is a single applicant, they may represent themselves; and (b) if there are joint applicants, they may be represented by the common representative. SOR/2021-131, s. 11 SOR/2022-120, s. 7(E)
Patent Rules — 37
Procedure relating to patent 37 (1) Subject to subsection (2), in any business before the Patent Office for the purpose of a procedure relating to a patent, (a) if there is a single patentee, they must represent themselves or be represented by any person authorized by them; and (b) if there are joint patentees, (i) for the purpose of paying a fee under section 46 of the Act, the patentees must be represented by one of the patentees or by a person authorized by one of the patentees, (ii) for the purpose of submitting a request to record a transfer under subsection 49(3) of the Act, (A) in the case where the transfer is a transfer of the right or interest of a single joint patentee, the joint patentees must be represented by that joint patentee or by the common representative, or by a person authorized by that joint patentee or by the common representative, and (B) in any other case, the joint patentees must be represented by the common representative or a person authorized by the common representative, and (iii) for any other purpose, the patentees must be represented by the common representative or by a person authorized by the common representative. Exceptions (2) In any business before the Patent Office for the purposes of making observations under subsection 117.11(7), granting an additional term under section 46.1 of the Act, reissuing a patent under section 47 of the Act, making a disclaimer under section 48 of the Act, filing a reply under subsection 48.2(5) of the Act or participating in a re-examination proceeding under section 48.3 of the Act, (a) if there is a single patentee, they must represent themselves or be represented by a patent agent who has been appointed in respect of that business; and (b) if there are joint patentees, the patentees must be represented by the common representative or by a patent agent who has been appointed in respect of that business. SOR/2021-131, s. 12 SOR/2024-241, s. 6
Patent Rules — 38
Clarification 38 For greater certainty, sections 33 to 37 do not apply to the act of signing (a) a small entity declaration; (b) a notice of appointment of a common representative or a patent agent; (c) a notice of revocation of an appointment of a patent agent; or (d) a document authorizing a foreign practitioner to appoint or revoke the appointment of a patent agent, have an interview with an examiner or sign a small entity declaration. SOR/2021-131, s. 13
Patent Rules — 39
Interview with examiner 39 Only the following persons may have an interview with an examiner regarding an application for a patent: (a) if, in respect of that application, a patent agent is appointed or there is a requirement under subsection 27(2) to appoint a patent agent, (i) the patent agent who is appointed, and (ii) with the permission of the patent agent who is appointed, (A) if there is a single applicant, the applicant, (B) if there is a single applicant and a document authorizing a foreign practitioner to have an interview with an examiner is signed by the applicant, that foreign practitioner, (C) if there are joint applicants, the common representative, or (D) if there are joint applicants and a document authorizing a foreign practitioner to have an interview with an examiner is signed by the common representative, that foreign practitioner; and (b) in any other case, (i) the applicant, if there is a single applicant, and (ii) the common representative, if there are joint applicants. SOR/2021-131, s. 14
Patent Rules — 40
Notice of disregarded communication 40 (1) If, in any business for the purpose of prosecuting or maintaining in effect an application for a patent or for the purpose of a procedure relating to a patent, a joint applicant or joint patentee who is not the common representative of the joint applicants or joint patentees sends a written communication to the Commissioner in respect of any business for which the common representative is entitled to represent the applicants or the patentees, the Commissioner must by notice inform that joint applicant or joint patentee that the Commissioner will not have regard to that communication unless, not later than three months after the date of the notice, that joint applicant or joint patentee is appointed in accordance with paragraph 26(3)(a) to represent the applicants or patentees as the common representative and requests that the Commissioner have regard to the communication. Communication of notice (1.1) The notice referred to in subsection (1) must also be sent to the common representative of the joint applicants or joint patentees. Exception (2) Subsection (1) does not apply to a communication in respect of any business under subsection 36 (2), (3) or (4) or to a communication in respect of any business for the purpose of a procedure relating to a patent, other than a communication in respect of business referred to in subsection 37 (2). Communication deemed received (3) If, not later than three months after the date of the notice referred to in subsection (1), the joint applicant or joint patentee who sent a written communication to the Commissioner is appointed under paragraph 26 (3)(a) to represent the applicants or patentees as their common representative and requests that the Commissioner have regard to the communication, the communication is deemed to have been received from the common representative on the date on which it was originally received from the joint applicant or joint patentee. SOR/2021-131, s. 15 SOR/2024-241, s. 7