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Source: http://laws.justice.gc.ca/en/P-4/SOR-96-423/161012.html
Updated to August 31, 2004

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PART III
APPLICATIONS FILED ON OR AFTER OCTOBER 1, 1996

Application

67. (1) This Part applies to applications filed on or after October 1, 1996 and to patents issued on the basis of such applications.

(2) For greater certainty, for the purposes of subsection (1)

(a) a divisional application is considered to be filed on the same date as the original application; and

(b) a reissued patent is considered to be issued on the basis of the original application.

Presentation of Documents

68. (1) Subject to subsection (2), documents filed in paper form in connection with patents and applications shall

(a) be on sheets of good quality white paper that are free of creases and folds and that are 21.6 cm x 27.9 cm or 21 cm x 29.7 cm (A4 format);

(b) be so presented as to permit direct reproduction by photography, electrostatic processes, photo offset, and microfilming, in any number of copies; and

(c) be free from interlineations, cancellations or corrections.

(2) Transfer documents, other documents concerning ownership, and certified copies of documents may be submitted on sheets of paper that are no larger than 21.6 cm x 35.6 cm.

69. (1) The minimum margins of pages containing the description, the claims and the abstract referred to in section 79 shall be as follows:

top 2 cm

left side 2.5 cm

right side 2 cm

bottom 2 cm

(2) The minimum margins of pages containing the drawings referred to in section 37 of the Act shall be as follows:

top 2.5 cm

left side 2.5 cm

right side 1.5 cm

bottom 1 cm

(3) Subject to subsections (4) and (5) and 125(2), the margins of the sheets referred to in subsections (1) and (2) must be completely blank.

(4) The top margin may contain in either corner an indication of the applicant's file reference.

(5) The lines of each page of the description and of the claims may be numbered in the left margin.

70. (1) With the exception of sequence listings, tables and chemical and mathematical formulae, all text matter in documents forming part of the description or the claims shall be at least 1 1/2 line spaced.

(2) All text matter shall be in characters the capital letters of which are not less than 0.21 cm high.

71. (1) The Commissioner shall refuse to take cognizance of any document submitted to the Commissioner that is not in the English or French language unless the applicant submits to the Commissioner a translation of the document into one of those languages.

(2) Where the applicant provides a translation of a document in accordance with subsection (1) and the Commissioner has reasonable grounds to believe that the translation is not accurate, the Commissioner shall requisition the applicant to provide a statement by the translator to the effect that, to the best of the translator's knowledge, the translation is complete and faithful.

(3) The text matter of the abstract, the description, the drawings and the claims, individually and all together, shall be wholly in English or wholly in French.

72. The petition, the abstract, the description, the drawings and the claims shall each commence on a new page.

73. (1) The pages of the description and the claims shall be numbered consecutively.

(2) The page numbers shall be centered at the top or bottom of the sheet, but shall not be placed in the margin.

74. (1) The petition, the abstract, the description and the claims shall not contain drawings.

(2) The abstract, the description and the claims may contain chemical or mathematical formulae or the like.

75. (1) Subject to subsection (2), each page of a document shall be used upright.

(2) Where it aids in presentation, drawings, tables and chemical or mathematical formulae may be presented sideways with the top of the drawings, tables or formulae at the left side of the sheet.

76. Any trade-mark mentioned in the application shall be identified as such.

Petitions

77. Subject to section 78, the petition shall follow the form and the instructions for its completion set out in Form 3 of Schedule I to the extent that the provisions of the form and the instructions are applicable.

Appointments of Representative

78. For the purposes of section 29 of the Act, an appointment of a representative in Canada shall be included in the petition in accordance with item 5 of Form 3 of Schedule I or in a separate document.

Abstracts

79. (1) An application shall contain an abstract that provides technical information and that cannot be taken into account for the purpose of interpreting the scope of protection sought or obtained.

(2) The abstract shall contain a concise summary of the matter contained in the application and, where applicable, the chemical formula that, among all the formulae included in the application, best characterizes the invention.

(3) The abstract shall specify the technical field to which the invention relates.

(4) The abstract shall be drafted in a way that allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention.

(5) The abstract shall be so drafted that it can efficiently serve as a scanning tool for purposes of searching in the particular art.

(6) The abstract shall not contain more than 150 words.

(7) Each main technical feature mentioned in the abstract and illustrated by a drawing in the application may be followed by a reference character placed between parentheses.

Descriptions

80. (1) The description shall

(a) state the title of the invention, which shall be short and precise;

(b) specify the technical field to which the invention relates;

(c) describe the background art that, as far as is known to the applicant, can be regarded as important for the understanding, searching and examination of the invention;

(d) describe the invention in terms that allow the understanding of the technical problem, even if not expressly stated as such, and its solution;

(e) briefly describe the figures in the drawings, if any;

(f) set forth at least one mode contemplated by the inventor for carrying out the invention in terms of examples, where appropriate, and with reference to the drawings, if any; and

(g) contain a sequence listing where required by paragraph 111(a).

(2) The description shall be presented in the manner and order specified in subsection (1) unless, because of the nature of the invention, a different manner or a different order would afford a better understanding or a more economical presentation.

81. (1) The description shall not incorporate by reference another document.

(2) The description shall not refer to a document that does not form part of the application unless the document is available to the public.

(3) Any document referred to in the description shall be fully identified. SOR/99-291, s. 8.

Drawings

82. (1) Drawings shall be in black, sufficiently dense and dark, well-defined lines to permit satisfactory reproduction and shall be without colourings.

(2) Cross-sections shall be indicated by hatching that does not impede the clear reading of the reference characters and lead lines.

(3) All numbers, letters and lead lines shall be simple and clear.

(4) Elements of the same figure shall be in proportion to each other unless a difference in proportion is indispensable for the clarity of the figure.

(5) The height of the numbers and letters in a drawing shall not be less than 0.32 cm.

(6) The same page of drawings may contain several figures.

(7) Where figures on two or more pages are intended to form a single complete figure, the figures on the several pages shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures.

(8) The different figures shall be numbered consecutively.

(9) Reference characters not mentioned in the description shall not appear in the drawings, and vice versa.

(10) The same features, when denoted by reference characters, shall, throughout the application, be denoted by the same characters.

(11) The drawings shall not contain text matter except to the extent required for the understanding of the drawings.

Photographs

83. In any case in which an invention does not admit of illustration by means of drawings but does admit of illustration by means of photographs, the applicant may, as part of the application, furnish photographs, or reproductions of photographs, that illustrate the invention.

Claims

84. The claims shall be clear and concise and shall be fully supported by the description independently of any document referred to in the description.

85. If there are several claims, they shall be numbered consecutively in Arabic numerals beginning with the number "1".

86. (1) Subject to subsections (2) and (3), claims shall not, except where necessary, rely, in respect of the features of the invention, on references to the description or drawings and, in particular, they shall not rely on such references as: "as described in Part ... of the description", or "as illustrated in figure ... of the drawings".

(2) Where the application contains drawings, the features mentioned in the claims may be followed by the reference characters, placed between parentheses, appearing in the drawings and relating to such features.

(3) Where the application contains a sequence listing, the claims may refer to a sequence identifier number referred to in subsection 113(2).

(4) Where the specification refers to a deposit of biological material, the claims may refer to that deposit.

87. (1) Subject to subsection (2), any claim that includes all the features of one or more other claims (in this section referred to as a "dependent claim") shall refer by number to the other claim or claims and shall state the additional features claimed.

(2) A dependent claim may only refer to a preceding claim or claims.

(3) Any dependent claim shall be understood as including all the limitations contained in the claim to which it refers or, if the dependent claim refers to more than one other claim, all the limitations contained in the particular claim or claims in relation to which it is considered.

Priority Claims

88. (1) For the purposes of subsection 28.4(2) of the Act,

(a) a request for priority may be made in the petition or in a separate document;

(b) where a request for priority is based on one previously regularly filed application, the request must be made, and the applicant must inform the Commissioner of the filing date, country of filing and application number of the previously regularly filed application, before the expiry of the sixteen-month period after the date of filing of that application; and

(c) where a request for priority is based on two or more previously regularly filed applications,

(i) the request must be made, and the applicant must inform the Commissioner of the filing date and country of filing of each previously regularly filed application on which the request for priority is based, before the expiry of the sixteen-month period after the earliest date of filing of those applications, and

(ii) the applicant must, for each previously regularly filed application on which the request for priority is based, inform the Commissioner of its application number before the expiry of the twelve-month period after its date of filing or before the expiry of the period referred to in subparagraph (i), whichever is later.

(2) Where a request for priority on the basis of a particular previously regularly filed application is withdrawn before the expiry of the sixteen-month period after the date of filing of that application, the times prescribed in subsection (1) shall be computed as if the request for priority had never been made based on that application.

(3) For the purposes of subsection (1), if the previously regularly filed application is for a patent granted by a national or an intergovernmental authority having the power to grant patents effective in more than one country, the applicant may provide the Commissioner with the name of the authority with which the application was filed instead of the country of filing.

(4) For the purposes of subsection (1), if the previously regularly filed application is an international application, the applicant may provide the Commissioner with the name of the receiving Office with which the application was filed instead of the country of filing.

(5) Section 26 does not apply in respect of the times specified in subsection (1). SOR/99-291, s. 9; SOR/2003-208, s. 9.

89. Where a previously regularly filed application on the basis of which a request for priority is based is taken into account by an examiner pursuant to sections 28.1 to 28.4 of the Act, the examiner may requisition the applicant to file a certified copy of the previously regularly filed application and a certification from the patent office in which the application was filed indicating the actual date of its filing.

90. (1) For the purposes of subsection 28.4(3) of the Act, an applicant may withdraw a request for priority, either entirely or with respect to one or more previously regularly filed applications, by filing a request with the Commissioner and the Commissioner shall send a notice to the applicant advising that the request for priority has been withdrawn.

(2) The effective date of the withdrawal of a request for priority pursuant to subsection (1) shall be the date the request for withdrawal is received by the Commissioner.

Effect of Withdrawals on Public Inspection

91. For the purposes of subsection 10(4) of the Act, where a request for priority with respect to a particular previously regularly filed application is withdrawn in accordance with section 90, the prescribed date is the date on which a period of sixteen months after the filing date of that previously regularly filed application expires, or, where the Commissioner is able to stop technical preparations to open the application to public inspection at a subsequent date preceding the expiry of the confidentiality period referred to in subsection 10(2) of the Act, that subsequent date.

92. For the purposes of subsection 10(5) of the Act, the prescribed date is the date that is two months before the date of expiry of the confidentiality period or, where the Commissioner is able to stop technical preparations to open the application to public inspection at a subsequent date preceding the expiry of the confidentiality period referred to in subsection 10(2) of the Act, that subsequent date.

Filing Date

93. For the purposes of subsection 28(1) of the Act, the filing date of an application, other than a PCT national phase application, is the date on which the Commissioner receives the following documents, information and fees:

(a) an indication in English or French that the granting of a Canadian patent is sought;

(b) the name of the applicant;

(c) the address of the applicant or of a patent agent of the applicant;

(d) a document, in English or French, that on its face appears to describe an invention; and

(e) the application fee set out in item 1 of Schedule II.

Completing the Application

94. (1) In respect of an application other than a PCT national phase application, where, at the expiry of the time specified in subsection (2), the abstract, the description, the claims or the drawings do not comply with sections 68, 69 and 70, or the application does not contain the information and documents listed below, the Commissioner shall, by notice to the applicant, requisition the applicant to comply with those sections or to submit that information or those documents, as the case may be, and to pay the fee set out in item 2 of Schedule II before the expiry of the later of the three-month period after the date of the notice and the twelve-month period after the filing date of the application:

(a) a petition complying with section 77;

(b) an abstract;

(c) a sequence listing, where required by paragraph 111(a);

(d) a copy of a sequence listing in computer readable form, where required by paragraph 111(b);

(e) a claim or claims;

(f) any drawing referred to in the description;

(g) an appointment of a patent agent, where required by section 20;

(h) an appointment of an associate patent agent, where required by section 21; and

(i) an appointment of a representative, where required by section 29 of the Act.

(2) For the purposes of subsection (1), the time is the fifteen-month period after the filing date of the application or, where a request for priority has been made in respect of the application, the fifteen-month period after the earliest filing date of any previously regularly filed application on which the request for priority is based.

(3) Section 26 does not apply in respect of the time set out in subsection (2).

Requests for Examination

95. For the purposes of subsection 35(1) of the Act, a request for examination of an application shall contain the following information:

(a) the name and address of the person making the request;

(b) if the person making the request is not the applicant, the name of the applicant; and

(c) information, such as the application number, sufficient to identify the application.

96. (1) Subject to subsection (2), for the purposes of paragraph 73(1)(d) of the Act, a request for the examination of an application shall be made and the fee set out in item 3 of Schedule II shall be paid before the expiry of the five-year period after the filing date of the application.

(2) A request for the examination of a divisional application shall be made and the fee set out in item 3 of Schedule II shall be paid before the expiry of the later of

(a) the five-year period after the filing date of the original application; and

(b) the six-month period after the date on which the divisional application is actually filed in accordance with subsection 36(2) or (2.1) of the Act.

(3) Section 26 does not apply in respect of the times prescribed in subsections (1) and (2).

Abandonment and Reinstatement

97. For the purposes of subsection 73(2) of the Act, an application is deemed to be abandoned if the applicant does not reply in good faith to any requisition of the Commissioner referred to in section 23, 25 or 94 within the time provided in that section. SOR/99-291, s. 10.

98. In order for an application deemed to be abandoned under section 73 of the Act to be reinstated, the applicant shall, in respect of each failure to take an action referred to in subsection 73(1) of the Act or section 97, make a request for reinstatement to the Commissioner, take the action that should have been taken in order to avoid the deemed abandonment and pay the fee set out in item 7 of Schedule II, before the expiry of the twelve-month period after the date on which the application is deemed to be abandoned as a result of that failure.

Maintenance Fees

99. (1) For the purposes of subsection 27.1(1) and paragraph 73(1)(c) of the Act, to maintain an application in effect, the applicable fee set out in item 30 of Schedule II shall be paid in respect of the periods set out in that item before the expiry of the times provided in that item.

(2) Where a divisional application is filed, any fee set out in item 30 of Schedule II, that would have been payable pursuant to subsection 27.1(1) of the Act had the divisional application been filed on the filing date of the original application, shall be paid when the divisional application is actually filed in accordance with subsection 36(2) or (2.1) of the Act.

100. (1) Subject to subsections (2) and (3), for the purposes of section 46 of the Act, the applicable fee to maintain the rights accorded by a patent, set out in item 31 of Schedule II, shall be paid in respect of the periods set out in that item before the expiry of the times, including periods of grace, provided in that item.

(2) In subsection (1), "patent" does not include a reissued patent.

(3) No fee to maintain the rights accorded by a patent shall be payable in respect of any period for which a fee to maintain the application for that patent was paid.

101. (1) Subject to subsection (2), for the purposes of section 46 of the Act, the applicable fee to maintain the rights accorded by a reissued patent, set out in item 31 of Schedule II, shall be paid in respect of the same periods and before the expiry of the same times as for the original patent.

(2) No fee to maintain the rights accorded by a reissued patent shall be payable in respect of any period for which a fee was paid to maintain the rights accorded by the original patent or to maintain the application for the original patent.

102. Section 26 does not apply in respect of the times set out in sections 99, 100 and 101.

Deposits of Biological Material

103. For the purposes of subsection 38.1(1) of the Act, where a specification in an application filed in Canada, or in a patent issued on the basis of such an application, refers to a deposit of biological material, the deposit shall be considered to be in accordance with these regulations if sections 104 to 106 are complied with.

104. (1) The deposit of the biological material shall be made by the applicant with an international depositary authority on or before the filing date of the application.

(2) The applicant shall inform the Commissioner of the name of the international depositary authority and the accession number given by the international depositary authority to the deposit, before the application is open to public inspection under section 10 of the Act.

(3) The information required by subsection (2) must be included in the description.

(4) Before the application is open to public inspection under section 10 of the Act, the applicant may file a notice with the Commissioner stating the applicant's wish that, until either a patent has been issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn, the Commissioner only authorize the furnishing of a sample of the deposited biological material to an independent expert nominated by the Commissioner in accordance with section 109.

(5) Section 26 does not apply to the times set out in this section. SOR/99-291, s. 11.

104.1 Where a deposit of biological material with an international depositary authority is referred to in a specification and is taken into account by an examiner pursuant to subsections 27(3) and 38.1(1) of the Act, the examiner shall requisition the applicant to include in the description the date of the original deposit with the international depositary authority. SOR/99-291, s. 12.

105. Where, pursuant to Rule 5 of the Regulations under the Budapest Treaty, samples of biological material are transferred to a substitute international depositary authority for the reason that the original international depositary authority has discontinued the performance of functions, the applicant or the patentee must inform the Commissioner of the name of the substitute international depositary authority and of the new accession number given to the deposit by the substitute international depositary authority before the expiry of the three-month period after the date of issuance of a receipt by the substitute international depositary authority.

106. (1) Where a new deposit is made with another international depositary authority pursuant to Article 4(1)(b)(i) or (ii) of the Budapest Treaty, the applicant or the patentee must inform the Commissioner of the name of that authority and of the new accession number given to the deposit by that authority before the expiry of the three-month period after the date of issuance of a receipt by that authority.

(2) Where, pursuant to Article 4 of the Budapest Treaty, the depositor is notified of the inability of the international depositary authority to furnish samples and no new deposit is made in accordance with that Article, the application or patent shall, for the purposes of any proceedings in respect of that application or patent, be treated as if the deposit had never been made.

107. (1) The Commissioner shall publish in the Canadian Patent Office Record a form for making a request for the furnishing of a sample of a deposit, the contents of which shall be the same as the contents of the form referred to in Rule 11.3(a) of the Regulations under the Budapest Treaty.

(2) Subject to sections 108 and 110, where a specification in a Canadian patent or in an application filed in Canada that is open to public inspection pursuant to section 10 of the Act refers to a deposit of biological material by the applicant, and where a person files with the Commissioner a request made on the form referred to in subsection (1), the Commissioner shall make the certification referred to in Rule 11.3(a) of the Regulations under the Budapest Treaty in respect of that person.

(3) Except where subsection 110(2) applies, where the Commissioner makes a certification pursuant to subsection (2), the Commissioner shall send a copy of the request together with the certification to the person who filed the request.

108. Until either a patent has been issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn, the Commissioner shall not make the certification referred to in subsection 107(2) in respect of a person, including an independent expert, unless the Commissioner has received an undertaking by that person to the applicant

(a) not to make any sample of biological material furnished by the international depositary authority or any culture derived from such sample available to any other person before either a patent is issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn; and

(b) to use the sample of biological material furnished by the international depositary authority and any culture derived from such sample only 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, or is abandoned and no longer subject to reinstatement, or is withdrawn.

109. (1) Where a notice has been filed with the Commissioner pursuant to subsection 104(4) in respect of an application, the Commissioner, upon the request of any person that an independent expert be nominated and with the agreement of the applicant, shall within a reasonable time nominate a person as an independent expert for the purposes of that application.

(2) If the Commissioner and the applicant cannot agree on the nomination of an independent expert within a reasonable time after the request is made, the notice of the applicant referred to in subsection 104(4) is deemed never to have been filed.

110. (1) Where a notice has been filed with the Commissioner pursuant to subsection 104(4) in respect of an application, until a patent is issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn, a request pursuant to section 107 may only be filed by an independent expert nominated by the Commissioner in accordance with section 109.

(2) Where the Commissioner makes a certification pursuant to subsection 107(2) in respect of an independent expert nominated by the Commissioner, the Commissioner shall send a copy of the request together with the certification to the applicant and to the person who requested the nomination of the independent expert.

Sequence Listings

111. Where an application describes a nucleotide or amino acid sequence other than a sequence identified as forming part of the prior art,

(a) the description shall contain in respect of that sequence, a sequence listing;

(b) a copy of the sequence listing shall be filed in a computer-readable form that complies with section 131; and

(c) a statement shall be filed by the applicant with the Commissioner that the content of the copy of the sequence listing in computer-readable form is the same as the content of the sequence listing contained in the description.

112. Where an application describes a nucleotide or amino acid sequence other than a sequence identified as forming part of the prior art, the sequence may not be amended unless

(a) the sequence listing is amended in accordance with sections 113 to 130;

(b) a copy of the amended sequence listing is filed in a computer-readable form that complies with section 131; and

(c) a statement is filed by the applicant with the Commissioner that the content of the copy of the amended sequence listing in computer-readable form is the same as the content of the amended sequence listing contained in the description.

113. (1) A sequence listing shall be entitled "Sequence Listing" or "Listage des séquences", and shall begin on a new page.

(2) Each nucleotide or amino acid sequence disclosed shall appear separately in the sequence listing and shall be assigned a separate sequence identifier number such as "SEQ ID NO:1", "SEQ ID NO:2" or "SEQ ID NO:3".

Symbols to be Used for Sequence Listings

114. A nucleotide sequence shall be presented only by a single strand, in the 5' to 3' direction from left to right.

115. Nucleotides shall be represented using the symbols set out in the table to this section.

TABLE

Symbol

Meaning

Origin of designation

A

A

Adenine

G

G

Guanine

C

C

Cytosine

T

T

Thymine

U

U

Uracil

R

G or A

puRine

Y

T/U or C

pYrimidine

M

A or C

aMino

K

G or T/U

Keto

S

G or C

Strong interactions 3H-bonds

W

A or T/U

Weak interactions 2H-bonds

B

G or C or T/U

not A

D

A or G or T/U

not C

H

A or C or T/U

not G

V

A or G or C

not T, not U

N

(A or G or C or T/U) or (unknown or other)

aNy

116. (1) Modified nucleotides shall be listed in the sequence as "N", with further information given elsewhere in the sequence listing.

(2) For the purpose of providing the further information referred to in subsection (1), the symbols set out in the table to this subsection may be used.

TABLE

Symbol

Meaning

ac4c

4-acetylcytidine

chm5u

5-(carboxyhydroxymethyl) uridine

cm

2'-O-methylcytidine

cmnm5s2u

5-carboxymethylaminomethyl-2-thiouridine

cmnm5u

5-carboxymethylaminomethyluridine

d

dihydrouridine

fm

2'-O-methylpseudouridine

gal q

beta, D-galactosylqueuosine

gm

2'-O-methylguanosine

i

inosine

i6a

N6-isopentenyladenosine

m1a

1-methyladenosine

m1f

1-methylpseudouridine

m1g

1-methylguanosine

m1i

1-methylinosine

m22g

2,2-dimethylguanosine

m2a

2-methyladenosine

m2g

2-methylguanosine

m3c

3-methylcytidine

m5c

5-methylcytidine

m6a

N6-methyladenosine

m7g

7-methylguanosine

mam5u

5-methylaminomethyluridine

mam5s2u

5-methoxyaminomethyl-2-thiouridine

man q

beta, D-mannosylqueuosine

mcm5s2u

5-methoxycarbonylmethyl-2-thiouridine

mcm5u

5-methoxycarbonylmethyluridine

mo5u

5-methoxyuridine

ms2i6a

2-methylthio-N6-isopentenyladenosine

ms2t6a

N-((9-beta-D-ribofuranosyl-2-methylthiopurine-6-yl) carbamoyl) threonine

mt6a

N-((9-beta-D-ribofuranosylpurine-6-yl) N-methycarbamoy1) threonine

mv

uridine-5-oxyacetic acid-methylester

o5u

uridine-5-oxyacetic acid (v)

osyw

wybutoxosine

p

pseudouridine

q

queuosine

s2c

2-thiocytidine

s2t

5-methyl-2-thiouridine

s2u

2-thiouridine

s4u

4-thiouridine

t

5-methyluridine

t6a

N-((9-beta-D-ribofuranosylpurine-6-yl) - carbamoyl) threonine

tm

2'-O-methyl-5-methyluridine

um

2'-O-methyluridine

yw

wybutosine

x

3-(3-amino-3-carboxy-propyl) uridine, (acp3) u

117. The amino acids in an amino acid sequence shall be listed in the amino to carboxy direction from left to right, and the amino and carboxy groups shall not be represented in the sequence.

118. The amino acids in an amino acid sequence shall be represented using the symbols set out in the table to this section.

TABLE

Symbol

Meaning

Ala

Alanine

Cys

Cysteine

Asp

Aspartic Acid

Glu

Glutamic Acid

Phe

Phenylalanine

Gly

Glycine

His

Histidine

Ile

Isoleucine

Lys

Lysine

Leu

Leucine

Met

Methionine

Asn

Asparagine

Pro

Proline

Gln

Glutamine

Arg

Arginine

Ser

Serine

Thr

Threonine

Val

Valine

Trp

Tryptophan

Tyr

Tyrosine

Asx

Aspartic or Aspartine

Glx

Glutamic or Glutamine

Xaa

D-amino acid, unknown or other

119. Modified or unusual amino acids shall be listed in the sequence as "Xaa", with further information given elsewhere in the sequence listing.

(2) For the purpose of providing the further information referred to in subsection (1), the symbols set out in the table to this subsection may be used.

TABLE

Symbol

Meaning

Aad

2-Aminoadipic acid

bAad

3-Aminoadipic acid

bA1a

beta-Alanine, beta-Aminopropionic acid

Abu

2-Aminobutyric acid

4Abu

4-Aminobutyric acid, piperidinic acid

Acp

6-Aminocaproic acid

Ahe

2-Aminoheptanoic acid

Aib

2-Aminoisobutyric acid

bAib

3-Aminoisobutyric acid

Apm

2-Aminopimelic acid

Dbu

2,4 Diaminobutyric acid

Des

Desmosine

Dpm

2,2'-Diaminopimelic acid

Dpr

2,3-Diaminopropionic acid

EtGly

N-Ethylglycine

EtAsn

N-Ethylasparagine

Hyl

Hydroxylysine

aHyl

allo-Hydroxylysine

3Hyp

3-Hydroxyproline

4Hyp

4-Hydroxyproline

Ide

Isodesmosine

alle

allo-Isoleucine

MeGly

N-Methylglycine, sarcosine

Melle

N-Methylisoleucine

MeLys

6-N-methyllysine

MeVal

N-Methylvaline

Nva

Norvaline

Nle

Norleucine

Orn

Ornithine

Format to be Used for Sequence Listings

120. (1) The nucleotides of a nucleotide sequence shall be listed in groups of 10 bases, except in the coding parts of the sequence.

(2) Leftover bases, fewer than 10 in number at the end of non-coding parts of a sequence, shall be grouped together and separated from adjacent groups by a space.

121. The nucleotides of the coding parts of a nucleotide sequence shall be listed as triplets.

122. A nucleotide sequence shall be listed with a maximum of 16 codons or 60 nucleotides per line, with a space between each codon or group of 10 nucleotides.

123. An amino acid sequence shall be listed with a maximum of 16 amino acids per line, with a space between each amino acid.

124. (1) Amino acids corresponding to the codons in the coding parts of a nucleotide sequence shall be indicated immediately under the corresponding codons.

(2) Where a codon is split by an intron, the amino acid symbol shall be indicated below the portion of the codon containing two nucleotides.

125. (1) The nucleotides in a nucleotide sequence shall be enumerated starting at the first nucleotide of the sequence with number 1.

(2) The enumeration shall be continuous through the whole nucleotide sequence in the direction 5' to 3' and shall be marked in the right margin, next to the line containing the one-letter codes for the nucleotides, and giving the number of the last nucleotide of that line.

126. (1) Subject to subsection (2), the enumeration of amino acids in an amino acid sequence shall start at the first amino acid at the amino terminal as number 1 and shall be marked under the sequence every 5 amino acids.

(2) Where a mature protein has been identified

(a) the amino acids shall be enumerated starting at the first amino acid of the mature protein, with number 1; and

(b) the amino acids preceding the mature protein, when present, shall have negative numbers, counting backwards starting with the amino acid next to number 1.

127. (1) A sequence that is made up of one or more non-contiguous segments of a larger sequence or segments from different sequences shall be presented as a separate sequence.

(2) A sequence with a gap or gaps shall be numbered as a plurality of separate sequences with separate sequence identifier numbers.

128. The enumeration methods set out in sections 126 and 127 apply to circular nucleotide and amino acid sequences with the exception that any nucleotide or amino acid sequence may be designated by the applicant as the first nucleotide or amino acid.

129. (1) The order of presentation of the items of information in a sequence listing shall follow the order in which those items are listed in these Rules with the appropriate data element headings.

(2) The headings shall be in upper case characters.

(3) When more than one line is necessary for the text following a heading, the additional lines shall be indented to distinguish them from the heading at the left margin.

130. The sequence listing shall include, in addition to and immediately preceding the actual nucleotide or amino acid sequence, the following data element headings and the respective items of information, if applicable and when available to the applicant:

GENERAL INFORMATION

APPLICANT:

TITLE OF INVENTION:

NUMBER OF SEQUENCES:

CORRESPONDENCE ADDRESS:

COMPUTER-READABLE FORM

COMPUTER:

OPERATING SYSTEM:

SOFTWARE:

CURRENT APPLICATION DATA

APPLICATION NUMBER:

FILING DATE:

CLASSIFICATION:

PRIOR APPLICATION DATA

APPLICATION NUMBER:

FILING DATE:

CLASSIFICATION:

PATENT AGENT INFORMATION

NAME:

REFERENCE NUMBER:

INFORMATION FOR SEQ ID NO.:

SEQUENCE CHARACTERISTICS

LENGTH:

TYPE:

STRANDEDNESS:

TOPOLOGY:

MOLECULE TYPE:

HYPOTHETICAL:

ANTI-SENSE:

FRAGMENT TYPE:

ORIGINAL SOURCE:

IMMEDIATE SOURCE:

POSITION IN GENOME

CHROMOSOME/SEGMENT:

MAP POSITION:

UNITS:

FEATURE

NAME/KEY:

LOCATION:

IDENTIFICATION METHOD:

OTHER INFORMATION:

PUBLICATION INFORMATION

AUTHORS:

TITLE:

JOURNAL:

VOLUME:

ISSUE:

PAGES:

DATE:

DOCUMENT NUMBER:

FILING DATE:

PUBLICATION DATE:

RELEVANT RESIDUES IN SEQ ID NO.:

SEQUENCE DESCRIPTION: SEQ ID NO.:

Computer-readable Form of Sequence Listings

131. (1) The copy of the sequence listing in computer-readable form shall comprise a printable copy of the sequence listing recorded on diskette and shall be encoded and formatted so that a printed copy of the sequence listing may be recreated using the print commands of the computer operating system configuration specified by the Commissioner in the Canadian Patent Office Record.

(2) The submitted diskette shall be write-protected.

(3) Subject to subsections (4) and (5), the diskette shall have a label permanently fixed to it that includes a description of the format of the diskette as well as the name of the applicant, the title of the invention, a reference number, the date on which the data were recorded on the diskette and the name and type of computer and operating-system that generated the file on the diskette.

(4) If all of the information referred to in subsection (3) cannot be included on a label affixed to the diskette, the label shall include the name of the applicant, the title of the invention and a reference number, and the additional information shall be provided on a container for the diskette together with the name of the applicant, the title of the invention and the reference number.

(5) If the diskette is submitted after the filing date of an application, the label shall also include the filing date of the application and information, such as the application number, sufficient to identify the application.


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