Manual of Patent Office Practice

Chapter 1
Contacting the Patent Office

1.01
Location of the Patent Office

The Patent Office is located at Place du Portage I, 50 Victoria Street, Gatineau, Quebec. The general contact telephone numbers of the Patent Office are:

CIPO's Client Service Centre (General information):
Tel.: (819) 997-1936
Fax: (819) 953-7620

CIPO's Mailroom:
Tel.: (819) 997-1727
Business hours: from 8:30 a.m. to 5:00 p.m. (EST), Monday to Friday

Finance:
Tel.: (819) 994-4682

1.02
Correspondence in person or by mail

All mail correspondence¹ for the Commissioner of Patents or for the Patent Office should be addressed to:

The Commissioner of Patents
Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street, Room C-114
Gatineau QC  K1A 0C9

All such correspondence addressed to the Commissioner may also be physically delivered to the Registered Mail Service of Canada Post, or any designated establishment as identified in the Canadian Patent Office Record²(CPOR). These designated establishments are:

1. Industry Canada
   C.D. Howe Building
   235 Queen Street, Room S-117
   Ottawa ON  K1A 0H5
   Tel.: (613) 990-4582
   
   
2. Industry Canada
   5 Place Ville-Marie, Suite 700
   Montreal QC  H3B 2G2
   Tel.: (514) 496-1797
   Toll-free: 1 888 237-3037
   
   
3. Industry Canada
   151 Yonge Street, 4th Floor
   Toronto ON  M5C 2W7
   Tel.: (416) 973-5000
   
   
4. Industry Canada
   Canada Place
   9700 Jasper Avenue, Suite 725
   Edmonton AB  T5J 4C3
   Tel.: (780) 495-4782
   Toll-free: 1 800 461-2646
   
   
5. Industry Canada
   Library Square
   300 West Georgia Street, Suite 2000
   Vancouver BC  V6B 6E1
   Tel.: (604) 666-5000

Correspondence delivered during ordinary business hours to the Patent Office, anywhere other than at CIPO's mailroom (C-114), will only be considered to be received on the day it is delivered to CIPO's mailroom and date stamped.

1.03
Electronic correspondence

Correspondence sent electronically by facsimile or online in accordance with section 8.1 of the Patent Act constitutes the original, therefore a duplicate paper copy should not be forwarded.

1.03.01
Facsimile transmissions

The Patent Office accepts facsimile transmissions in respect of applications or other correspondence. Facsimiles have to be addressed to the Commissioner using the following numbers³ (facsimile equipment of CIPO's mailroom):

(819) 953-CIPO (953-2476) or
(819) 953-OPIC (953-6742)

The electronic transmittal report will constitute the acknowledgement that the correspondence has been received.

Facsimile correspondence which is sent to any facsimile number other than those indicated above, including those of a designated establishment, will be considered not to have been received.

When submitting a document by facsimile that also has a fee requirement, notification of the preferred mode of payment to be applied should be prominently displayed on the covering letter to ensure expedient processing.

1.03.02
Online correspondence via CIPO's website

Online correspondence addressed to the Commissioner for filing patent applications may be sent electronically via CIPO's website to the following addresses⁴:

https://strategis.ic.gc.ca/sc_mrksv/cipo/patbrev-filing/application/engdoc/pt_filing_form-e.html

or in French to:

https://strategis.ic.gc.ca/sc_mrksv/cipo/patbrev-filing/application/frndoc/pt_filing_form-f.html

Any other correspondence addressed to the Commissioner relating to applications and patents (e.g. fee payments, registering documents, requesting national entry of an international application), may be sent electronically via CIPO's website at the following addresses:

https://strategis.ic.gc.ca/sc_mrksv/cipo/patbrev-filing/application/engdoc/pt_correspondence-e.html

or in French to:

https://strategis.ic.gc.ca/sc_mrksv/cipo/patbrev-filing/application/frndoc/pt_correspondence-f.html

The document presentation requirements related to sections 69 and 70 of the Patent Rules apply to electronically submitted correspondence, including facsimiles. The acceptable file formats for documents submitted electronically via CIPO's website, such as assignments or specifications are: multi-page TIFF CCITT Group 4, black and white, at 300 DPI, or in PDF format. Sequence listings will have to be provided in both a multi-page TIFF or PDF file and in an ASCII file. Documents received electronically that do not meet these requirements will have to be replaced and submitted in an acceptable format.

1.04
Date of reception

In accordance with the above:

• Mail intended for the Patent Office and delivered, during business hours, to CIPO's offices in Gatineau will be accorded the date of reception by CIPO.
  
  
• Mail intended for the Patent Office and delivered, during business hours, to one of Industry Canada's regional offices listed in section 1.02, will be considered to be received on the date of reception in that office, only if it is also a day on which CIPO's offices in Gatineau are open. Mail delivered to a regional office on a day when CIPO's offices in Gatineau are closed will be considered to be received on the next working day for CIPO. If, for example, mail intended for the Patent Office is delivered to Industry Canada's regional office in Toronto on June 24, it will not be considered to be received on June 24 as this is a day on which CIPO's offices in Gatineau are closed. Mail delivered to regional offices on June 24 will be considered to be received on the next working day for CIPO.
  
  
• Mail intended for the Patent Office and delivered through Canada Post's Registered Mail Service will be considered to be received on the date stamped on the envelope by Canada Post Corporation, if it is also a day on which CIPO's offices in Gatineau are open. If the date stamped on the Registered Mail is a day when CIPO's offices in Gatineau are closed, the mail will be considered to be received on the next working day for CIPO.
  
  
• Mail intended for the Patent Office and delivered, by electronic means of transmission, including facsimile, will be considered to be received by the Commissioner on the day that it is transmitted if received before midnight, local time at the Patent Office in Gatineau. When the Patent Office is closed for business, correspondence received on that day will be considered to be received on the next working day.

1.04.01
Filing of a document on statutory holidays (Dies non)

In accordance with section 26 of the Interpretation Act, any person choosing to deliver a document to a designated establishment, including the Patent Office in Gatineau, an Industry Canada regional office, or a Registered Mail establishment, where a federal, provincial or territorial holiday exists, is entitled to an extension of any time limit for the filing of the document that expires on the holiday, until the next day that is not a holiday. It is to be noted, in respect of provincial and territorial holidays, that the entitlement to the extension is dependent on the establishment to which the document is delivered and not on the place of residence of the person for whom the document is filed or of their agent. For this purpose, documents transmitted to the Patent Office by electronic means, including by facsimile, would be considered to be delivered in Gatineau, Quebec.

Operationally, the Patent Office has no practical way of keeping track of the establishment to which documents are delivered. Accordingly, where a person has a time limit for the filing of a document that expires on a provincial or territorial holiday but only delivers the document on the next day that is not a holiday, the Patent Office will assume that the document was delivered to an establishment that would justify an extension of the time limit. In such circumstances, it will be the responsibility of the person filing the document to ensure that they are properly entitled to any needed extension of the time limit. In doubt, the applicant can contact the Patent Office to get a confirmation of the filing date.

In addition to the extensions of time limits referred to above, in accordance with subsection 78(1) of the Patent Act, any patent time limit that expires on a day when the Patent Office is closed for business is deemed to be extended to the next day when the office is open for business. All persons are entitled to these extensions regardless of their place of residence or of the establishment to which documents are delivered.

The Patent Office takes the position that section 26 of the Interpretation Act applies to PCT international applications filed in Canada. Accordingly, where a person has a time limit under the PCT for the filing of a document in Canada that expires on a provincial or territorial holiday but only delivers the document on the next day that is not a holiday, the Patent Office will assume that the document was delivered to an establishment that would justify an extension of the time limit. The Patent Office however takes no position as to whether such extensions would be recognized by other countries and it will be the responsibility of the person filing the document to ensure that in other countries of interest they are properly entitled to any needed extension of the time limit by reason of rule 80.5 of the Regulations under the PCT or some other applicable law.

For the purposes of this chapter, the Patent Office has identified the following as being days that are not federal holidays but that are holidays in one or more provinces or territories:

• Alberta: 3rd Monday in February (Alberta Family Day)
• British Columbia: 1st Monday in August (British Columbia Day)
• New Brunswick: 1st Monday in August (New Brunswick Day)
• Nova Scotia: 1st Monday in August (Civic Holiday)
• Ontario: 1st Monday in August (Civic Holiday)
• Quebec: June 24 (St. John the Baptist Day)
• Saskatchewan: 1st Monday in August (Saskatchewan Day)
• Yukon: 3rd Monday in August (Discovery Day)

Section 20.04 of MOPOP lists the days that are closed for business for the purposes of subsection 78(1) of the Patent Act.

1.05
Interviews

Subject to the conditions imposed by subsection 6(3) of the Patent Rules, authorized correspondents, applicants and agents may meet with examiners about pending applications. Appointments must be arranged in advance so that the examiners will be available and prepared to discuss the prosecution of applications. Where an agent has been appointed, the agent must be present at the interview or have authorized it.

Interviews concerning the prosecution of applications, including applications that have received final action, may be requested at any stage of the prosecution and are conducted by the examiner in charge of the application. At these interviews, the examiners may provide further explanations about the objections they have made in a report or clarify certain points concerning the invention. However, interviews do not replace the normal prosecution of an application, and at these interviews, the examiners should never provide verbal opinions or agree to accept amendments to the specifications before receiving and assessing official correspondence from the applicants.

In the case of an interview with a new examiner in training, a senior examiner or a Patent Office section head must attend. Problems that do not concern the examination process are referred to the appropriate section of the Patent Office.

The Commissioner does not meet with agents or inventors about prosecution issues related to specific applications.

1.06
Client Feedback system

As part of its ongoing commitment to improve its services, the Patent Office encourages feedback from clients. Feedback is invited via CIPO's online Client Feedback system, which is located in the 'Contact Us' section of CIPO's website.

http://napoleon.ic.gc.ca/cipo/internet.nsf/comp-e

Using a simple online form, clients may submit a complaint, comment or compliment. Those wishing to receive a response are invited to include their name and other information. Feedback can also be submitted anonymously.

Where a reply is required, CIPO will provide an initial response within five business days. General matters are handled by CIPO's Client Service Centre. Questions or concerns of a more technical nature are routed to the appropriate subject-matter expert within the Patent Office.

CIPO's online Client Feedback system is intended to help CIPO's clients to provide comments on its services and to resolve problems where applicable. Feedback is also used to help CIPO better understand how to improve its services.

It is important to note that the Client Feedback system is not intended for the prosecution of an application and cannot be used to respond to an official Patent Office requisition.

1.07
Publications related to Canadian documents

The CPOR is published weekly every Tuesday. It contains a list of all the patent applications open for public inspection and all the patents granted for the week ending with the Tuesday of the publication, and it also contains important notices. Copies of the CPOR are available via CIPO's website at the following addresses:

http://strategis.ic.gc.ca/patents/record

or in French at:

http://strategis.ic.gc.ca/brevets/gazette

Copies of Canadian patents and patent applications open for public inspection, as filed, can be downloaded in Adobe Acrobat format via CIPO's website at the following address:

http://patents1.ic.gc.ca/intro-e.html

or in French at:

http://patents1.ic.gc.ca/intro-f.html

These copies may also be purchased via the Reproduction and Sales Section of CIPO via CIPO's website using the "Order Form" link at the following addresses:

http://strategis.gc.ca/sc_mrksv/cipo/patents/pt_order_doc-e.html

or in French at:

http://strategis.gc.ca/sc_mrksv/cipo/patents/pt_order_doc-f.html

or by contacting:

Reproduction and Sales Section
Canadian Intellectual Property Office
Industry Canada
Place du Portage I
50 Victoria, Room C-229
Gatineau QC  K1A 0C9

Tel.: (819) 997-1936 (from 8:30 a.m. to 4:30 p.m. EST)
Fax: (819) 953-9969 (operational 24 hours a day)

Endnotes for Chapter 1

1. For the purposes of subsections 5(2), 5(3), 54(1) and 54(2) of the Patent Rules
   
   
2. For the purposes of subsections 5(4), 5(5), 54(3) and 54(4) of the Patent Rules
   
   
3. In accordance with section 8.1 of the Patent Act and for the purpose of subsections 5(6), 5(7), 5(8), 54(5), 54(6) and 54(7) of the Patent Rules
   
   
4. In accordance with section 8.1 of the Patent Act and for the purpose of subsections 5(6), 5(7) and 5(8) of the Patent Rules