Archived — Changes to IP Regulations: Rules Amending the Patent Rules, 2010

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In response to comments received from the Standing Joint Committee for the Scrutiny of Regulations (SJC), which conducted a review of the Patent Rules in 2007, and in order to bring greater legal certainty and reduce the administrative burden for applicants, the Canadian Intellectual Property Office (CIPO) proposed certain amendments to the Patent Rules (Rules Amending the Patent Rules – Package 1).

CIPO opened this package of amendments for public consultation from November 27, 2008 to January 5, 2009, and then again from January 27, 2009 to February 26, 2009.

Subsequent to the two public consultations, the Governor in Council approved the proposed amendments, and the Rules Amending the Patent Rules was published in Part II of the Canada Gazette on December 9, 2009.

The Rules Amending the Patent Rules comes into force on October 1, 2010.

Amended Petition for Grant of a Patent

The Rules Amending the Patent Rules include an updated Form 3: Petition for Grant of a Patent, which was amended to:

  • replace the declaration of entitlement to a simpler declaration of legal representative;
  • update the definition of “small entity” so that it no longer refers to the previous definition; and
  • clarify the instructions to indicate what sections need to be included and to specify that a signature is required if a small entity declaration is included in Form 3 in accordance with section 3.01(1)(e) of the Rules.