Practice Notice - Archive: Updated Correspondence Procedures, Publication Date: 2004-10-06

Updated Correspondence Procedures

Publication Date: 2004-10-06

Note: This practice notice is intended to provide guidance on current Canadian Intellectual Property Office practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed.

This notice replaces all previous notices concerning Correspondence Procedures of the Canadian Intellectual Property Office (CIPO).

CIPO

For the purposes of sections 5 and 54 of the Patent Rules, section 3 of the Trade-marks Regulations (1996), section 2 of the Copyright Regulations, section 3 of the Industrial Design Regulations and section 3 of the Integrated Circuit Topography Regulations, the address of the Patent Office, the Office of the Registrar of Trade-marks, the Copyright Office, the Industrial Design section of the Office of the Commissioner of Patents, and the Office of the Registrar of Topographies (hereinafter sometimes collectively referred to as "CIPO") is:

Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street, Room C-114
Gatineau QC K1A 0C9
Tel.: (819) 997-1727

Correspondence delivered to the above address during ordinary business hours will be considered to be received on the date of delivery.

Designated Establishments

For the purposes of subsections 5(4) and 54(3) of the Patent Rules, subsection 3(4) of the Trade-marks Regulations (1996), subsection 2(4) of the Copyright Regulations, subsection 3(4) of the Industrial Design Regulations and paragraph 3(2)(b) of the Integrated Circuit Topography Regulations, the following are the designated establishments or designated offices to which correspondence addressed to the Commissioner of Patents, the Registrar of Trade-marks, the Copyright Office or the Registrar of Topographies may be delivered:

  1. Industry Canada
    C.D. Howe Building
    235 Queen Street, Room S-117
    Ottawa ON K1A 0H5
    Tel.: (613) 954-3584
  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

Correspondence1 delivered, during ordinary business hours, to one of the designated establishments listed above, will be considered to be received on the date of delivery to that designated establishment, only if it is also a day on which CIPO is open for business. Correspondence delivered to a designated establishment on a day when CIPO is closed for business will be considered to be received on the next day on which CIPO is open for business. If, for example, correspondence intended for the Patent Office is delivered to the designated establishment in Toronto on June 24, it will not be considered to be received on June 24 as this is a day on which CIPO is closed for business.

Registered Mail Service of Canada Post

For the purposes of subsections 5(4) and 54(3) of the Patent Rules, subsection 3(4) of the Trade-marks Regulations (1996), subsection 2(4) of the Copyright Regulations, subsection 3(4) of the Industrial Design Regulations and paragraph 3(2)(b) of the Integrated Circuit Topography Regulations, the Registered Mail Service of Canada Post is a designated establishment or designated office to which correspondence addressed to the Commissioner of Patents, the Registrar of Trade-marks, the Copyright Office or the Registrar of Topographies may be delivered.

Correspondence1 delivered through the Registered Mail Service of Canada Post will be considered to be received on the date stamped on the envelope by Canada Post, only if it is also a day on which CIPO is open for business. If the date stamp on the Registered Mail is a day when CIPO is closed for business, the Registered Mail will be considered to be received on the next day on which CIPO is open for business.

Electronic Correspondence

In accordance with section 8.1 of the Patent Act, and for the purposes of subsections 5(6) and 54(5) of the Patent Rules, subsection 3(6) of the Trade-marks Regulations (1996), subsection 2(6) of the Copyright Regulations, subsection 3(6) of the Industrial Design Regulations, and subsection 4(1) of the Integrated Circuit Topography Regulations, correspondence addressed to the Commissioner of Patents, the Registrar of Trade-marks, the Copyright Office or the Registrar of Topographies may be sent by facsimile or online via CIPO's Web site only as provided below.

The document presentation requirements set out in sections 69 and 70 of the Patent Rules apply to facsimile correspondence. Subsection 3(9) of the Trade-marks Regulations (1996) specifies certain categories of correspondence to which the provisions of subsection 3(6) do not apply and which thus may not be sent by facsimile or online.

Correspondence sent by facsimile or online to the Commissioner of Patents, the Registrar of Trademarks, the Copyright Office or the Registrar of Topographies constitutes the original, therefore a duplicate paper copy should not be forwarded.

Correspondence delivered by electronic means of transmission, including facsimile, will be considered to be received on the day that it is transmitted if delivered before midnight, local time at CIPO on a day when CIPO is open for business. When CIPO is closed for business, correspondence delivered on that day will be considered to be received on the next day on which CIPO is open for business.

  1. Facsimile

    Facsimile correspondence addressed to the Commissioner of Patents, the Registrar of Trade-marks, the Copyright Office or the Registrar of Topographies may be sent to the following facsimile numbers:

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

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

    The electronic transmittal report returned to you following your facsimile transmission will constitute your acknowledgment that the correspondence has in fact been received. Confidentiality of the facsimile transmission process cannot be guaranteed.

    When submitting a document by facsimile that also has a fee requirement, notification of the preferred mode of payment to be applied must be prominently displayed on the covering letter to ensure expedient processing. Payment arrangements may be made through CIPO's Finance Branch at the following number: (819) 994-2269.

  2. Online

    Correspondence addressed to the Commissioner of Patents, the Registrar of Trade-marks, the Copyright Office or the Registrar of Topographies may be sent electronically via CIPO's Web site: www.cipo.gc.ca.

    Patents

    In accordance with section 8.1 of the Patent Act, and for the purpose of subsection 5(6) of the Patent Rules, the following correspondence addressed to the Commissioner of Patents may be sent electronically via CIPO's Web site (www.cipo.gc.ca), by accessing the "Patents" page and selecting the link for the desired online action:

    • filing an application;
    • completing an application;
    • maintaining the name of a patent agent on the register of patent agents;
    • ordering copies in paper, or electronic form of a document; and
    • general correspondence relating to applications and patents.
    Trade-marks

    For the purpose of subsection 3(6) of the Trade-marks Regulations (1996), the following correspondence addressed to the Registrar of Trade-marks may be sent electronically via CIPO's Web site (www.cipo.gc.ca), by accessing the "Trade-marks" page and selecting the link for the desired online action:

    • application for the registration of a trade-mark;
    • filing of a revised application;
    • renewal of a trade-mark registration;
    • request to enter a name on the list of trade-mark agents;
    • annual renewal of a trade-mark agent; and
    • requesting copies of trade-mark documents.
    Copyrights

    For the purpose of subsection 2(6) of the Copyright Regulations, the following correspondence addressed to the Copyright Office may be sent electronically via CIPO's Web site (www.opic.gc.ca), by accessing the "Copyrights" page and selecting the link for the desired online action:

    • application for the registration of a copyright in a work, a performer's performance, a sound recording or a communication signal;
    • registration of an assignment or licence of a copyright;
    • issuing a corrected certificate of registration of copyright;
    • ordering copies in paper, or electronic form of a document; and
    • general correspondence relating to copyrights.
    Industrial Designs

    For the purpose of subsection 3(6) of the Industrial Design Regulations, the following correspondence addressed to the Commissioner of Patents may be sent electronically via CIPO's Web site (www.cipo.gc.ca), by accessing the "Industrial Designs" page and selecting the link for the desired online action:

    • applying to register an industrial design;
    • maintaining the registration of an industrial design;
    • recording an assignment or licence;
    • ordering copies in paper, or electronic form of a document; and
    • general correspondence relating to industrial designs.
    Integrated Circuit Topographies

    For the purpose of subsection 4(1) of the Integrated Circuit Topography Regulations, the following correspondence addressed to the Registrar of Topographies may be sent electronically via CIPO's Web site (www.cipo.gc.ca), by accessing the "Integrated Circuit Topographies" page and selecting the link for the desired online action:

    • filing an application for registration of a topography;
    • registering an assignment or licence;
    • request for copy of a document; and
    • general correspondence relating to integrated circuit topographies.

General Information

General information may be obtained by communicating with CIPO's Client Service Centre by:

Internet: www.cipo.gc.ca

Telephone: (819) 997-1936
1-900-565-CIPO ($3 flat rate per call)

Hearing Impaired only TTY:

Business hours: 8:30 a.m. to 4:30 p.m. (ET) Monday to Friday

(819) 997-2848 (Copyrights / Trade-marks / Integrated Circuit Topographies)
(819) 997-2234 (Patents / Industrial Designs)

Facsimile: (819) 953-7620 (enquiries only)

Mail: Canadian Intellectual Property Office
Client Service Centre
Place du Portage I
50 Victoria Street, Room C-229
Gatineau QC K1A 0C9

E-mail: cipo.contact@ic.gc.ca

1 With the exception of correspondence address to the Office of the Registrar of Topographies