Patent Rules (SOR/96-423)

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 section 5 of Form 3 of Schedule I or in a separate document.

78.1 [Repealed, SOR/2009-319, s. 9]

• 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.

• 80. (1) The description shall

  • (a) state the title of the invention, which shall be short and precise and shall not include a trade-mark, coined word or personal name;

  • (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 subsection 111(1).

• (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.