Patent Rules (SOR/96-423)

Regulations are current to 2012-05-02 and last amended on 2011-03-03. Previous Versions

Appointments of Representative

 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.

  • SOR/2007-90, s. 17(E).

 [Repealed, SOR/2009-319, s. 9]

Abstracts

  •  (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

  •  (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.

  • SOR/2007-90, s. 19.
  •  (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.