GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Rules — 41
Notice of disregarded communication 41 (1) If a patent agent who is not appointed to represent an applicant or patentee in respect of a patent or an application for a patent communicates in writing with the Commissioner on behalf of that applicant or patentee for the purpose of prosecuting or maintaining in effect that application or for the purpose of a procedure relating to that patent and the communication identifies that patent agent, the Commissioner must by notice inform the patent agent that the Commissioner will not have regard to that communication unless, not later than three months after the date of the notice, the patent agent is appointed to represent that applicant or patentee in respect of that application or patent and requests that the Commissioner have regard to the communication. Communication of notice (1.1) The notice must also be sent to the applicant or to the patentee. 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 any 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 patent agent is appointed to represent that applicant or patentee in respect of that patent or application for a patent and requests that the Commissioner have regard to the communication, the communication is deemed to have been received from the applicant or patentee on the date on which the communication was originally received from the patent agent. SOR/2021-131, s. 16 SOR/2024-241, s. 8
Patent Rules — 41.1
Named patent agent 41.1 (1) In any business before the Patent Office in respect of which a patent agent acts under subsection 36(1) or (5), or represents a patentee under subsection 37(2), written communications on behalf of the applicant or patentee must be submitted to the Commissioner or the Patent Office by a named patent agent. Notice (2) If the patent agent is not named, the Commissioner must by notice inform the sender that the Commissioner will not have regard to the communication unless, not later than three months after the date of the notice, the patent agent who submitted the communication provides their name to the Commissioner and requests that the Commissioner have regard to the communication. Communication of notice (2.1) The notice must also be sent to the applicant or the patentee. Date communication received (3) If the name of the patent agent and the request referred to in subsection (2) are provided to the Commissioner within the time limit set out in that subsection, the original communication is considered to have been received on the day on which it was actually received by the Commissioner or the Patent Office. SOR/2021-131, s. 17 SOR/2024-241, s. 9
Patent Rules — 42
Notice to applicant 42 If the Governor in Council orders, under subsection 20(17) of the Act, that an invention described in an application for a patent must be treated for the purposes of section 20 of the Act as if it had been assigned or agreed to be assigned to the Minister of National Defence, the Commissioner must, as soon as the Commissioner is informed of the order, notify the applicant.
Patent Rules — 43
Inspection of defence-related application for patent 43 The Commissioner must permit a public servant who is authorized in writing by the Minister of National Defence, or an officer of the Canadian Forces who is authorized in writing by the Minister of National Defence, to inspect a pending application for a patent that relates to an instrument or munition of war to do so and to obtain a copy of the application.
Patent Rules — 45
Late fee 45 For the purposes of subsection 27(7) of the Act, the prescribed late fee is the fee set out in item 7 of Schedule 2.
Patent Rules — 46
Text in English or French 46 The text matter in the abstract, the description, the drawings and the claims, other than any text matter contained in a sequence listing, must be entirely in English or entirely in French.
Patent Rules — 47
Page margins — description, claims and abstract 47 (1) The minimum margins of pages that contain the description, the claims or the abstract must be as follows: top margin, 2 cm left margin, 2.5 cm right margin, 2 cm bottom margin, 2 cm Page margins — drawings (2) The minimum margins of pages containing the drawings must be as follows: top margin, 2.5 cm left margin, 2.5 cm right margin, 1.5 cm bottom margin, 1 cm Blank margins (3) Subject to subsections (4) and (5), the margins of the pages referred to in subsections (1) and (2) must be completely blank. File reference (4) The top margin of the pages referred to in subsections (1) and (2) may contain in either corner an indication of the applicant’s file reference. Line numbering (5) The lines of each page of the description and of the claims may be numbered in the left margin.
Patent Rules — 48
Line spacing 48 (1) All text matter in the description and the claims must be at least 1 1/2 line spaced, except for sequence listings, tables and chemical and mathematical formulas. Font size (2) All text matter in the description and the claims must be in characters the capital letters of which are not less than 0.21 cm in height.
Patent Rules — 49
New page 49 The petition, the abstract, the description, the drawings and the claims must each begin on a new page.
Patent Rules — 50
Page numbering 50 (1) The pages of the specification must be numbered consecutively. Position of page numbers (2) The page numbers must be centered at the top or bottom of each page, but must not be placed in the margin.
Patent Rules — 51
No drawings 51 (1) The petition, the abstract, the description and the claims must not contain drawings. Formulas (2) The abstract, the description and the claims may contain chemical or mathematical formulas.
Patent Rules — 52
Identification of trademarks 52 A trademark mentioned in an abstract, a specification or a drawing must be identified as such.
Patent Rules — 53
Title and content 53 A petition must bear the title “Petition” or “Request” and must contain (a) a request for the grant of a patent; (b) the title of the invention; and (c) the name and postal address of the applicant.
Patent Rules — 54
Information on inventors 54 (1) The application must indicate the name and postal address of each inventor of the subject-matter of the invention for which an exclusive privilege or property is claimed. Statement (2) The application must contain (a) a statement to the effect that the applicant is or, if there are joint applicants, the applicants are entitled to apply for a patent; (b) a statement to the effect that the applicant is the sole inventor of the subject-matter of the invention for which an exclusive privilege or property is claimed or, if there are joint applicants, the applicants are all inventors and the sole inventors of that subject-matter; or (c) in respect of a PCT national phase application, a declaration as to the applicant’s or, if there are joint applicants, the applicants’ entitlement on the filing date to apply for and be granted a patent in accordance with Rule 4.17(ii) of the Regulations under the PCT. Translation (2.1) If all or part of a declaration referred to in paragraph (2)(c) is in a language other than English or French, the applicant must submit to the Commissioner an English or French translation of the declaration or part in question. Manner of presentation (3) The statement and information required by this section must be included in the petition or submitted in a document other than the abstract, the specification or the drawings. SOR/2022-120, s. 8
Patent Rules — 55
Inclusion of abstract 55 (1) An application for a patent must contain an abstract that has a concise summary of the disclosure that appears in the description, claims and drawings and, if applicable, must include the chemical formula that, among all the formulas included in the application, best characterizes the invention. Technical field (2) The abstract must specify the technical field to which the invention relates. Drafting (3) The abstract must be drafted in a manner that allows an understanding of the technical problem, the gist of the solution of that problem by means of the invention and the principal use or uses of the invention. Scanning tool (4) The abstract must be drafted in a manner that can efficiently serve as a scanning tool for the purposes of searching in the particular art. Word limit (5) The abstract must not contain more than 150 words. Reference to drawings (6) In the abstract, a feature may be followed by a reference character placed between parentheses, if that feature is illustrated in the drawings of the application for a patent. Amendment or replacement of abstract (7) If the Commissioner considers that an abstract does not comply with subsections (1) to (6), the Commissioner is authorized to amend or replace the abstract. Abstract not relevant (8) An abstract must not be taken into account for the purpose of interpreting the scope of protection sought or obtained.
Patent Rules — 56
Contents, manner and order 56 (1) The description must include the following information, set out in the following manner and order: (a) the title of the invention must be stated in a short and precise manner and must not include a trademark, coined word or personal name; (b) the technical field to which the invention relates must be specified; (c) the background art that, as far as is known to the applicant, is important for the understanding, searching and examination of the invention must be described; (d) a description of the invention must be set out in terms that permit the technical problem and its solution to be understood, even if that problem is not expressly stated; (e) the figures in the drawings, if any, must be concisely described; (f) at least one mode contemplated by the inventor for carrying out the invention must be set out using examples, if appropriate, and with reference to the drawings, if any; and (g) a sequence listing, if required by subsection 58 (1), must be included. Exception (2) The description may be presented in a different manner or order if, because of the nature of the invention, a different manner or order would result in a better understanding or more economical presentation of the invention.
Patent Rules — 57
No incorporation by reference 57 (1) The description must not incorporate any document by reference. No reference to certain documents (2) The description must not refer to a document that does not form part of the application for a patent unless the document is available to the public. Identification of documents (3) Every document referred to in the description must be fully identified.
Patent Rules — 58
PCT sequence listing standard 58 (1) If a specification discloses a nucleotide sequence or amino acid sequence that must, in accordance with the PCT sequence listing standard, be included in a sequence listing and that is not identified as forming a part of the prior art, the description must contain the sequence listing in electronic form and both the electronic form and the content of the sequence listing must comply with the PCT sequence listing standard. One copy per application (2) An application for a patent must not contain more than one copy of a particular sequence listing regardless of its form of presentation. Statement — application originally filed without sequence listing (3) If an application for a patent originally filed without a sequence listing is amended to include one, the applicant must file a statement that the listing does not go beyond the disclosure in the application as filed. Sequence identification number (4) If a sequence included in a sequence listing is referred to in the claims, the drawings or the part of the description other than sequence listings, the reference must include the sequence identification number, as defined in the PCT sequence listing standard, preceded by “SEQ ID NO:”. Definitions (5) The following definitions apply in this section. amino acid sequence has the same meaning as in the PCT sequence listing standard. ( séquence d’acides aminés ) nucleotide sequence has the same meaning as in the PCT sequence listing standard. ( séquence de nucléotides ) SOR/2022-120, s. 9
Patent Rules — Patent Rules
amino acid sequence has the same meaning as in the PCT sequence listing standard. ( séquence d’acides aminés )
Patent Rules — Patent Rules
nucleotide sequence has the same meaning as in the PCT sequence listing standard. ( séquence de nucléotides )
Patent Rules — 59
Requirements 59 (1) Subject to subsection (2), the drawings must be in black, sufficiently dense and dark, well-defined lines to permit legible reproduction and must not be photographs. Exception (2) If an invention does not admit of illustration by means of drawings complying with subsection (1) but does admit of illustration by means of photographs, the drawings that must be furnished for the purposes of subsection 27(5.1) or (5.2) of the Act may be photographs. No colourings (3) Except in the case of photographs, the drawings must be without colourings. Cross-sections (4) Except in the case of photographs, cross-sections in the drawings must be indicated by hatching that does not impede the reading of the reference characters and lead lines. Numbers, letters and lead lines (5) All numbers, letters and lead lines in the drawings must be simple and clear. Proportionality (6) Elements of the same figure must be in proportion to each other unless a difference in proportion is necessary for the clarity of the figure. Font size (7) Numbers and letters in the drawings must be at least 0.32 cm in height. Multiple figures (8) A single page of the drawings may contain several figures. Figure spread out on multiple pages (9) If a figure is spread out over two or more pages, each part of the figure must be so arranged that the entire figure can be assembled without concealing any part of the figure. Numbering of figures (10) If there is more than one figure, the figures must be numbered consecutively. Reference characters (11) A reference character not mentioned in the description must not appear in a drawing and vice versa. Consistent use of reference characters (12) A reference character used for a particular feature must be the same throughout the abstract, the specification and the drawings. No unnecessary text (13) The drawings must not contain text matter except to the extent necessary to understand the drawings.
Patent Rules — 60
Form 60 The claims must be clear and concise and must be fully supported by the description independently of any document referred to in the description.
Patent Rules — 61
Numbering of claims 61 If there is more than one claim, the claims must be numbered consecutively in Arabic numerals beginning with the number “1”.
Patent Rules — 62
No references to description or drawings 62 (1) Subject to subsections (2) to (4), the claims must not, except when necessary, rely, in respect of the features of the invention, on references to the description or the drawings and, in particular, they must not rely on such references as “as described in Part of the description” or “as illustrated in figure of the drawings”. Reference characters (2) If the application for a patent contains drawings, the features mentioned in the claims may be followed by the reference characters, placed between parentheses, that appear in the drawings and relate to those features. (3) [Repealed, SOR/2022-120, s. 10] Deposit of biological material (4) If the description refers to a deposit of biological material, the claims may refer to that deposit. SOR/2022-120, s. 10
Patent Rules — 63
Dependent claim 63 (1) Subject to subsection (2), a claim that includes all the features of one or more other claims (referred to in this section as a “dependent claim”) must refer by number to the other claim or claims and must state the additional features claimed. Reference to preceding claim (2) A dependent claim may only refer to a preceding claim or claims. Reference to claims in the alternative only (3) A dependent claim that refers to more than one claim must refer to those claims in the alternative only. Limitations (4) A dependent claim is considered to include all the limitations contained in the claim to which it refers or, if the dependent claim refers to more than one claim, any particular alternative of the dependent claim is considered to include all the limitations contained in the particular claim in respect of which it is considered.
Patent Rules — 64
Prescribed date — requirements not met 64 For the purposes of subsection 27(6) of the Act, the prescribed date is the last day of a period of three months after the date of the notice referred to in that subsection.
Patent Rules — 65
Notice 65 If, after the filing date, an application for a patent does not comply with the Act or these Rules, the Commissioner may by notice require the applicant to modify the application in order to meet those requirements not later than three months after the date of the notice.
Patent Rules — 66
Prescribed date — application fee not paid 66 (1) For the purposes of subsection 27(7) of the Act, the prescribed date is the last day of a period of three months after the date of the notice referred to in that subsection. Application considered withdrawn (2) If an applicant fails to comply with a notice given under subsection 27(7) of the Act, the application for a patent is considered to be withdrawn.
Patent Rules — 67
Prescribed period 67 (1) For the purpose of section 27.01 of the Act, the prescribed period begins on the earliest date on which the Commissioner receives any document or information under subsection 28(1) of the Act and ends at the earlier of (a) the end of a period of two months after that date or, if a notice is sent under subsection 28(2) of the Act, the earlier of (i) the end of a period of two months after the date of the notice, and (ii) 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, and (b) the filing date. Prescribed requirements (2) The prescribed requirements for the purposes of section 27.01 of the Act are the following: (a) the statement referred to in subsection 27.01(1) of the Act must indicate the name of the country or office of filing of the previously filed application for a patent and (i) if the number of the previously filed application for a patent is known to the applicant or to a patent agent appointed in respect of the application, the statement must indicate the number of the previously filed application, and (ii) if the number of the previously filed application for a patent is not known to the applicant or to a patent agent appointed in respect of the application, the statement must indicate (A) the provisional number for the previously filed application given by that office, (B) the date on which the previously filed application was sent to that office, and the statement must be accompanied by a copy of the request portion of the application, or (C) the reference number given to the previously filed application by the applicant and indicated in it, the name and postal address of the applicant, the title of the invention and the date on which the previously filed application was sent to that office; and (b) if the previously filed application for a patent was not filed in Canada, the applicant must, not later than two months after the date of the submission of that statement, either (i) submit to the Commissioner a copy of the previously filed application for a patent, or (ii) make a copy of the previously filed 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. Non-application of subsection 3 (1) (3) Subsection 3 (1) does not apply in respect of the times referred to in subsection (1) or (2).
Patent Rules — 68
Prescribed fee 68 (1) Subject to subsection (2), for the purposes of subsection 27.1(1) of the Act, the prescribed fee to maintain an application for a patent in effect is, for an anniversary date set out item 8 of Schedule 2, other than such an anniversary date that, in the case of a PCT national phase application, falls before the national phase entry date of that application, (a) the small entity fee set out in that item for that anniversary date, 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) on or before that anniversary date, or (ii) if a notice is required to be sent under paragraph 27.1(2)(b) of the Act, before the notice is sent or, if the notice is sent, before the later of the end of a period of six months after that anniversary date and the end of a period of two months after the date of the notice; and (b) in any other case, the standard fee set out in that item for that anniversary date. Exception (2) For the purposes of subsection 27.1(1) of the Act, the prescribed fee to maintain a divisional application in effect is, for the period beginning on its filing date and ending on its presentation date, the total of (a) the small entity fees set out in item 8 of Schedule 2 for the anniversary dates falling in that period, 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) on or before the presentation date, or (ii) if a notice is required to be sent under paragraph 27.1(2)(b) of the Act, before the notice is sent or, if the notice is sent, before the later of the end of a period of six months after the presentation date and the end of a period of two months after the date of the notice, and (b) in any other case, the standard fees set out in that item for the anniversary dates falling in that period. Non-application of subsection 3 (1) (3) Subsection 3 (1) does not apply in respect of the times referred to in subsection (1) or (2).
Patent Rules — 69
Dates 69 For the purposes of subsection 27.1(1) and paragraph 73(1)(c) of the Act, the prescribed dates are (a) for a fee referred to in subsection 68 (1) of these Rules, the anniversary date for which it is paid; and (b) for the fee referred to in subsection 68 (2) of these Rules, the presentation date of the divisional application.
Patent Rules — 70
Late fee 70 For the purposes of subsection 27.1(2) of the Act, the prescribed late fee is the fee set out in item 9 of Schedule 2.
Patent Rules — 71
Prescribed documents and information 71 The documents and information prescribed for the purposes of subsection 28(1) of the Act 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, in any language, that on its face appears to be a description.