Brief

The Patent Rules of Canada were made pursuant to section 12 of the Patent Act, as recommended by the Minister of Industry. The rules come into force on June 22, 2019.


The rules apply to the Patent Act and include definitions for key terms such as "drawing", "description", "patent agent", and "international application". It also clarifies that a reference to a period of time in these Rules is to be read as a reference to the extended period if applicable.


The rules provide for extensions of time for doing certain things, including payment of fees and filing of documents, and specify when these extensions can be applied for. They also set out requirements for written communications with the Commissioner or Patent Office, such as providing a postal address and ensuring that any communication intended for more than one patent or application is not sent.


The rules further provide for the submission of documents, information, and fees by physical delivery to the Patent Office or an accepted establishment.


The rules also deal with the suspension, revocation, or surrender of a patent agent's licence and ensure that communications are acknowledged when submitted to the Commissioner in respect of a filing under section 34.1 of the Act.

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