Rules Amending the Patent Rules

(Formerly, Proposed Amendments to the Patent Rules – Package #1)

December 9, 2009

Notice is hereby given that the Governor in Council has approved the Proposed Amendments to the Patent Rules – Package #1. The Rules Amending the Patent Rules will come into force on October 1, 2010.

The Rules Amending the Patent Rules:

  1. Simplify the definition of the term "description";
  2. Clarify the purpose of section 16(4);
  3. Consolidate provisions that address the establishment of a filing date;
  4. Clarify the confidentiality period;
  5. Amend incorrect reference to a section of the Patent Act regarding the payment of maintenance fees;
  6. Update the reference to the definition of "small entity" in Form 3 of Schedule I to the Rules;
  7. Clarify Form 3 of Schedule I to the Rules; and
  8. Simplify the completion requirements.

The Rules Amending the Patent Rules are part of CIPO's 2009-2010 activities that support the IP Administrative Framework, as set out in the 2007-2012 CIPO Strategic Plan. This includes simplifying and clarifying administrative processes for the delivery of services and products, improving legal certainty and reducing the administrative burden for clients. These amendments will assist clients in obtaining patent rights and provide greater flexibility through the elimination of several administrative requirements and the clarification of some Patent Rules provisions.

The Rules Amending the Patent Rules were published in Part II of the Canada Gazette on December 9, 2009:

You may obtain a paper copy of the Canada Gazette Part II by contacting:

Canadian Government Publishing
Communication Canada
Ottawa, Canada K1A 0S9

Telephone
1-800-661-2868