PART IV APPLICATIONS FILED IN THE PERIOD BEGINNING ON OCTOBER 1, 1989 AND ENDING ON SEPTEMBER 30, 1996

Consolidated Statutes and Regulations
Enabling statute: Patent Act
Patent Rules
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/P-4/SOR-96-423/161180.html
Updated to August 31, 2004

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PART IV
APPLICATIONS FILED IN THE PERIOD BEGINNING ON OCTOBER 1, 1989 AND ENDING ON SEPTEMBER 30, 1996

Application

132. (1) This Part applies to applications filed in the period beginning on October 1, 1989 and ending on September 30, 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.

Form and Contents of Applications

133. Every document filed in connection with a patent or an application shall be presented clearly and legibly on sheets of good quality white paper, which shall not, except in the case of transfer documents, other documents concerning ownership and certified copies of documents, be more than 21.6 cm x 33 cm (8 1/2 inches x 13 inches).

134. The title of an application shall be accurate and concise, and shall not include any trade-mark, coined word or personal name.

135. (1) The specification shall be in undefaced type not smaller than 12 pitch, free from interlineations, cancellations or corrections and at least 1 1/2 line spaced and on each page there shall be a top margin of approximately 3.3 cm (1 1/4 inches), left-hand and bottom margins of approximately 2.5 cm (1 inch) and a right-hand margin of approximately 1.3 cm (1/2 inch).

(2) A shorter side of the sheet shall be the bottom, but for tables, charts and the like that cannot satisfactorily be accommodated within the width of the sheet, the right-hand longer side of the sheet shall be the bottom and if a table, chart or the like is longer than the length of the sheet, it may be divided between two or more sheets.

(3) No drawing or sketch, other than a graphic chemical formula or the like, may appear in the specification.

(4) The pages of the description shall be numbered consecutively at the bottom.

(5) Claims shall be numbered consecutively.

136. (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 believes on reasonable grounds 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. SOR/99-291, s. 13.

137. (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. 14.

138. (1) Claims must be complete independently of any document referred to in the description.

(2) Every claim must be fully supported by the description.

(3) Reference may be made in a claim to a preceding claim or claims.

139. (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 the protection sought or obtained.

(2) The abstract shall consist of a brief technical statement of the description indicative of the utility of the invention and the manner in which the invention is distinguishable from other inventions.

140. Any trade-mark that is mentioned in the application shall be identified as such.

Drawings

141. (1) Drawings shall comply with the following requirements:

(a) every sheet shall have a clear margin of at least 2.5 cm (1 inch) on all sides;

(b) every drawing shall be prepared with clear black lines;

(c) all views on the same sheet shall stand in the same direction and, if possible, stand so that a shorter side of the sheet is the bottom but if a view longer than the width of a sheet is necessary, it may stand so that the right-hand longer side of the sheet becomes the bottom, and if a view longer than the length of a sheet is necessary, it may be divided between two or more sheets;

(d) all views shall be on a sufficiently large scale so as to be easily read and shall be separated by sufficient spaces to keep them distinct but shall not be on a larger scale or separated by greater spaces than is necessary for such purposes;

(e) section lines, lines for effect and shading lines shall be as few as possible and shall not be closely drawn;

(f) reference characters shall be clear and distinct and not less than 0.3 cm (1/8 inch) in height;

(g) the same reference character shall be used for the same part in different views and shall not be used to designate different parts;

(h) a reference character should not be placed on a shaded surface, but if it is so placed a blank space shall be left in the shading where it appears;

(i) the views shall be numbered consecutively throughout without regard to the number of sheets; and

(j) nothing shall appear on a sheet except the drawings and the reference characters and legends pertaining to the drawings.

(2) Drawings shall be delivered to the Commissioner free of folds, breaks, creases or other imperfections.

Priority Claims

142. (1) Subject to section 65, for the purposes of subsection 28.4(2) of the Act in respect of an application (in this subsection referred to as the "subject application"),

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

(b) a request for priority must be made before the expiry of the six-month period after the filing date of the subject application; and

(c) the applicant shall provide the Commissioner with the date and country of filing and the application number of each previously regularly filed application on which the request for priority is based, before the expiry of the six-month period after the filing date of the subject application.

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

143. 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.

144. (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

145. 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 144, the prescribed date is the date that is sixteen months after the filing date of that previously regularly filed application, 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.

146. 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

147. (1) 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 fee set out in item 1 of Schedule II has been paid and the following documents relating to the application have been filed:

(a) a petition executed by the applicant or a patent agent on the applicant's behalf;

(b) a specification, including claims;

(d) an abstract of the description, which abstract may be inserted at the beginning of the specification.

(2) Where paragraphs (1)(a) to (c) have been complied with in respect of an application, the application may, notwithstanding that the whole of that subsection has not been complied with, be given a filing date by the Commissioner if the Commissioner is satisfied that it would be unjust not to do so, and in such case, the filing date given to the application is the day on which paragraphs (1)(a) to (c) were complied with by the applicant.

Deemed Abandonment

148. (1) Where an application other than a PCT national phase application did not, on the filing date of the application, contain the information and documents listed below, the application shall, for the purposes of section 73(2) of the Act, be deemed to be abandoned if, after the expiry of the twelve-month period after the filing date, the applicant has not paid the fee set out in item 2 of Schedule II and filed the following information and documents:

(a) an abstract;

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

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

(2) Section 26 does not apply in respect of the time set out in subsection (1).

Requests for Examination

149. 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

150. (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 seven-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 seven-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 subsections 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

151. 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 or 25 within the time provided in that section. SOR/99-291, s. 15.

152. In order for an application deemed to be abandoned under section 73 of the Act to be reinstated, the applicant must, in respect of each failure to take an action referred to in subsection 73(1) of the Act or section 151, 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.

153. (1) Where, before October 1, 1996, an application was forfeited pursuant to subsection 73(1) of the Act as it read immediately before that date and was not restored, the application is deemed to have been abandoned pursuant to paragraph 73(1)(f) of the Act on the same date as the forfeiture and may be reinstated in accordance with subsection 73(3) of the Act.

(2) Subject to subsection (3), where, before October 1, 1996, an application was deemed to have been abandoned pursuant to the Act or the Patent Rules as they read before that date and was not reinstated, the application is deemed to have been abandoned pursuant to subsection 73(2) of the Act on the same date as the earlier deemed abandonment and may be reinstated in accordance with subsection 73(3) of the Act.

(3) Where an application was, before April 1, 1996, deemed to have been abandoned pursuant to subsection 27.1(2) of the Act as it read immediately before that date, the application may not be reinstated in accordance with subsection 73(3) of the Act.

(4) Subsection 16(4) of the Patent Cooperation Treaty Regulations as they read immediately before October 1, 1996 applies to an international application that was, before that date, deemed to be abandoned pursuant to subsection 16(3) of those Regulations.

Maintenance Fees

154. (1) For the purposes of subsection 27.1(1) and paragraph 73(1)(c) of the Act, the applicable fee to maintain an application in effect, 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.

155. (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.

156. (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 is 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.

157. Section 26 does not apply in respect of the times set out in sections 154, 155 and 156.

158. (1) Where, before October 1, 1996, a fee to maintain in effect an application or the rights accorded by a patent was paid under section 76.1 or 80.1 of the Patent Rules as they read immediately before that date for a one-year period commencing immediately after a particular anniversary, for the purposes of section 154, 155 or 156, that fee shall be considered to have been paid for the one-year period commencing immediately after the subsequent anniversary.

(2) In subsection (1), "anniversary" means the anniversary of the date of filing of the application.

Deposits of Biological Material

159. 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 160 to 162 are complied with.

160. (1) Subject to subsection (2), 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 deposit with an international depositary authority may be made by the applicant after the filing date of the application provided that

(a) a deposit was made by the applicant in a depositary other than an international depositary authority on or before the filing date of the application in a manner so that, after the application is open to public inspection under section 10 of the Act, samples of the deposit are made available to the public;

(b) the applicant informs the Commissioner of the name of the depositary referred to in paragraph (a) and the date of making of the deposit before the application is open to public inspection under section 10 of the Act or on or before January 1, 1998, whichever is the later; and

(3) The applicant must inform the Commissioner of the name of the international depositary authority, the date of the original deposit with the international depository 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 or on or before January 1, 1998, whichever is the later.

(4) The applicant may, before the application is open to public inspection under section 10 of the Act or on or before January 1, 1998, whichever is the later, file a notice with the Commissioner stating the applicant's wish that, until either a patent has 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 165.

(5) Section 26 does not apply to the times set out in this section.

161. 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 on or before the later of January 1, 1998 and the expiry of the three-month period after the date of issuance of a receipt by the substitute international depositary authority.

162. (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 on or before the later of January 1, 1998 and 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.

163. (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 164 and 166, 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 166(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.

164. 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 163(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.

165. (1) Where a notice has been filed with the Commissioner pursuant to subsection 160(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 160(4) is deemed never to have been filed.

166. (1) Where a notice has been filed with the Commissioner pursuant to subsection 160(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 163 may only be filed by an independent expert nominated by the Commissioner.

(2) Where the Commissioner makes a certification pursuant to subsection 163(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.

PART V
APPLICATIONS FILED BEFORE OCTOBER 1, 1989

Application

167. (1) This Part applies to applications filed before October 1, 1989 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.

Storage

168. Any paper received by the Commissioner relating to an application or to a patent shall, for the purposes of the inspection referred to in section 10 of the Act as it read immediately before October 1, 1989, be kept in its original form or be entered or recorded by any information storage device, including any system of mechanical or electronic data processing, that is capable of reproducing stored papers or information in intelligible form within a reasonable time.

Form and Contents of Applications

169. Every document filed in connection with a patent or an application shall be presented clearly and legibly on sheets of good quality white paper, which shall not, except in the case of transfer documents, other documents concerning ownership and certified copies of documents, be more than 21.6 cm × 33 cm (8 1/2 inches × 13 inches).

170. The title of an application shall be accurate and concise, and shall not include any trade-mark, coined word or personal name.

171. (1) The specification shall be in undefaced type not smaller than 12 pitch, free from interlineations, cancellations or corrections and at least 1 1/2 line spaced and on each page there shall be a top margin of approximately 3.3 cm (1 1/4 inches), left-hand and bottom margins of approximately 2.5 cm (one inch) and a right-hand margin of approximately 1.3 cm (1/2 inch).

(3) No drawing or sketch, other than a graphic chemical formula or the like, may appear in the specification.

(4) The pages of the description shall be numbered consecutively at the bottom.

(5) Claims shall be numbered consecutively.

172. (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.

(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. SOR/99-291, s. 16.

173. (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. 17.

174. (1) Claims must be complete independently of any document referred to in the description.

(2) Every claim must be fully supported by the description.

(3) Reference may be made in a claim to a preceding claim or claims.

175. (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.

176. Any trade-mark that is mentioned in the application shall be identified as such.

Drawings

177. (1) Drawings furnished in support of an application shall comply with the following requirements:

(a) every sheet shall have a clear margin of at least 2.5 cm (1 inch) on all sides;

(b) every drawing shall be prepared with clear black lines;

(e) section lines, lines for effect and shading lines shall be as few as possible and shall not be closely drawn;

(f) reference characters shall be clear and distinct and not less than 0.3 cm (1/8 inch) in height;

(g) the same reference character shall be used for the same part in different views and shall not be used to designate different parts;

(h) a reference character should not be placed on a shaded surface, but if it is so placed a blank space shall be left in the shading where it appears;

(i) the views shall be numbered consecutively throughout without regard to the number of sheets; and

(j) nothing shall appear on a sheet except the drawings and the reference characters and legends pertaining to the drawings.

(2) Drawings shall be delivered to the Commissioner free of folds, breaks, creases or other imperfections.

Filing of Applications

178. (1) The filing date of an application referred to in subsection 27(1) of the Act as it read immediately before October 1, 1989 is the date on which the fee for filing it was paid and the following documents relating to it were filed:

(a) a statement that the granting of a patent is sought, executed by the applicant or a patent agent on the applicant's behalf;

(b) a specification, including claims;

(d) an abstract of the description, which abstract may be inserted at the beginning of the specification.

(2) Where paragraphs (1)(a) to (c) have been complied with in respect of an application, the application may, notwithstanding that the whole of subsection (1) has not been complied with, be given a filing date by the Commissioner if the Commissioner is satisfied that it would be unjust not to do so, and in such case, the filing date given to the application is the day on which paragraphs (1)(a) to (c) were complied with by the applicant.

Priority of Applications

179. For the application of Article 4D of the Paris Convention for the Protection of Industrial Property, made on March 20, 1883 and any amendments and revisions to which Canada is party, the protection of section 28 of the Act as it read immediately before October 1, 1989 may not be claimed in respect of an application filed in Canada unless, while the application is pending, the applicant claims the protection of that section and informs the Commissioner of the filing date and number of each application in a country other than Canada on which the applicant bases the claim.

180. 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 27 and 28 of the Act as it read immediately before October 1, 1989, the examiner may requisition the applicant to file a certified copy of the previously regularly filed application and a certificate from the patent office in which the application was filed indicating the actual date of its filing.

Amendments to Add Matter

181. No person shall amend the specification or drawings to describe or add matter not reasonably to be inferred from the specification or drawings as originally filed.

Maintenance Fees

182. (1) For the purposes of sections 45 and 46 of the Act, the applicable fee to maintain the rights accorded by a patent issued on or after October 1, 1989, set out in item 32 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) In subsection (1), "patent" does not include a reissued patent.

(3) Subject to subsection (4), for the purposes of section 45 of the Act, the applicable fee to maintain the rights accorded by a reissued patent, set out in item 32 of Schedule II, shall be paid in respect of the same periods and before the expiry of the same times, including periods of grace, as for the original patent.

(4) No fee to maintain the rights accorded by a reissued patent is payable

(a) if the original patent was issued before October 1, 1989; or

(b) in respect of any period for which a fee was paid to maintain the rights accorded by the original patent.

(5) Where, before October 1, 1996, a fee to maintain the rights accorded by a patent was paid under section 80.1 of the Patent Rules as they read immediately before that date for a one-year period commencing immediately after a particular anniversary, for the purposes of this section, that fee shall be considered to have been paid for the one-year period commencing immediately after the subsequent anniversary.

(6) For the purposes of subsection (5), "anniversary" means the anniversary of the date on which the patent was issued.

Deposits of Biological Material

183. 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 184 to 186 are complied with.

184. (1) Subject to subsection (2), 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 deposit with an international depositary authority may be made by the applicant after the filing date of the application provided that

(a) a deposit was made by the applicant in a depositary other than an international depositary authority on or before the filing date of the application in a manner so that, after the issuance of the patent, samples of the deposit are made available to the public;

(b) the applicant informs the Commissioner of the name of the depositary referred to in paragraph (a) and the date of making of the deposit on or before January 1, 1998; and

(3) The applicant shall inform the Commissioner of the name of the international depositary authority, the date of the original deposit with the international depositary authority and the accession number given by the international depositary authority to the deposit, on or before January 1, 1998.

185. 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 on or before the later of January 1, 1998 and the expiry of the three-month period after the date of issuance of a receipt by the substitute international depositary authority.

186. (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 on or before the later of January 1, 1998 and the expiry of the three-month period after the date of issuance of a receipt by that authority.

187. (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) Where a specification in a Canadian patent 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) 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.

PART VI
REPEALS AND COMING INTO FORCE

Repeals

188. The Patent Rules¹ are repealed.

¹ C.R.C., c. 1250

189. The Patent Cooperation Treaty Regulations² are repealed.

² SOR/89-453

Coming into Force

190. These Rules come into force on October 1, 1996.

SCHEDULE I
(Sections 43, 44 and 77)
PRESCRIBED FORMS

FORM 1

(Section 47 of the Patent Act)

Application for Reissue

1. The patentee of Patent No. __________, granted on __________ for an invention entitled __________, requests that a new patent be issued, in accordance with the accompanying amended specification, for the unexpired term for which the original patent was granted and agrees to surrender the original patent effective on the issue of a new patent.

2. The name and complete address of the patentee is __________.

3. The respects in which the patent is deemed defective or inoperative are _________________________________________________.

4. The error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, in the following manner: _________________________________________________________.

5. The knowledge of the new facts giving rise to the application were obtained by the patentee on or about __________ in the following manner: _______________________________________________.

6. The patentee appoints _______________, whose complete address in Canada is _______________, as the patentee's representative in Canada pursuant to section 29 of the Patent Act.

7. The patentee appoints _______________, whose complete address is _______________, as the patentee's patent agent.

Instructions

In sections 2, 6 and 7, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.

FORM 2

(Section 48 of the Patent Act or the Act as it read immediately before October 1, 1989)

Disclaimer

1. The patentee of Patent No. ____________, granted on ________ for an invention entitled ____________, has, by mistake, accident or inadvertence, and without any wilful intent to defraud or mislead the public,

(a) made the specification too broad, claiming more than that of which the patentee or the person through whom the patentee claims was the (first) inventor; or

(b) in the specification, claimed that the patentee or the person through whom the patentee claims was the (first) inventor of any material or substantial part of the invention patented of which the patentee was not the (first) inventor, and to which the patentee had no lawful right.

2. The name and complete address of the patentee is ___________.

3. (1) The patentee disclaims the entirety of claim ___________.

(2) The patentee disclaims the entirety of claim ____________ with the exception of the following: ____________.

Instructions

In section 1, the word "first" may be included only for patents issued on the basis of an application filed before October 1, 1989.

In section 2, the name and address must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, street name and number, city, province or state, postal code, telephone number, fax number and country.

With respect to each claim covered by the disclaimer, the patentee shall include in the disclaimer either subsection 3(1) or (2).

FORM 3

(Subsection 27(2) of the Patent Act)

Petition for Grant of a Patent

1. The applicant, ____________, whose complete address is ____________, requests the grant of a patent for an invention, entitled ____________, which is described and claimed in the accompanying specification.

2. This application is a division of application number ______, filed in Canada on ____________.

3. (1) The applicant is the sole inventor.

(2) The inventor is ____________, whose complete address is ____________, and the applicant owns in Canada the whole interest in the invention.

4. The applicant requests priority in respect of the application on the basis of the following previously regularly filed application:

Country of filing	Application number	Filing date
___________________	___________________	___________________
___________________	___________________	___________________

5. The applicant appoints ____________, whose complete address in Canada is ____________, as the applicant's representative in Canada, pursuant to section 29 of the Patent Act.

6. The applicant appoints ____________, whose complete address is ____________, as the applicant's patent agent.

7. The applicant believes that the applicant is entitled to claim status as a "small entity" as defined under section 2 of the Patent Rules.

8. The applicant requests that Figure No. ____________ of the drawings accompany the abstract when it is open to public inspection under section 10 of the Patent Act or published.

Instructions

In section 1, subsection 3(2) and sections 5 and 6, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.

In sections 5 and 6, appointment of representatives and appointment of patent agents may also be done in a separate document.

The applicant shall include in the petition either subsection 3(1) or (2).

Requests for priority may be done in section 4 of the petition or in a separate document.

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				Important Notices