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Patent Act

Version of section 78.2 from 2019-10-30 to 2024-05-28:


Marginal note:Filing date

 The filing date of an application for a patent is

  • (a) with respect to an original application,

    • (i) if all of the following elements were received by the Commissioner before October 1, 1989, the date on which they were received or, if they were received on different dates, the latest of those different dates:

      • (A) a statement that the granting of a patent is sought, executed by the applicant or by a patent agent on the applicant’s behalf,

      • (B) a specification, including claims,

      • (C) any drawing referred to in the specification,

      • (D) an abstract of the part of the specification other than the claims,

      • (E) the fee set out in item 1 of Schedule II to the Patent Rules as that item read on the day on which the fee was received,

    • (ii) if subparagraph (i) does not apply, one or more of the following elements were received by the Commissioner on or after October 1, 1989 and all of the following elements were received by the Commissioner before October 1, 1996, the date on which they were received or, if they were received on different dates, the latest of those different dates:

      • (A) a petition executed by the applicant or by a patent agent on the applicant’s behalf,

      • (B) a specification, including claims,

      • (C) any drawing referred to in the specification,

      • (D) an abstract of the part of the specification other than the claims,

      • (E) the fee set out in item 1 of Schedule II to the Patent Rules as that item read on the day on which the fee was received,

    • (iii) if subparagraphs (i) and (ii) do not apply, one or more of the following elements were received by the Commissioner on or after October 1, 1996 and all of the following elements were received by the Commissioner before June 2, 2007, the date on which they were received or, if they were received on different dates, the latest of those different dates:

      • (A) an indication, in English or French, that the granting of a Canadian patent is sought,

      • (B) the applicant’s name,

      • (C) the address of the applicant or of their patent agent,

      • (D) a document, in English or French, that on its face appears to describe an invention,

      • (E) the fee set out in item 1 of Schedule II to the Patent Rules as that item read on the day on which the fee was received, and

    • (iv) if subparagraphs (i) to (iii) do not apply, one or more of the following elements were received by the Commissioner on or after June 2, 2007 and all of the following elements were received by the Commissioner before the coming-into-force date, the date on which they were received or, if they were received on different dates, the latest of those different dates:

      • (A) an indication, in English or French, that the granting of a Canadian patent is sought,

      • (B) the applicant’s name,

      • (C) the address of the applicant or of their patent agent,

      • (D) a document, in English or French, that on its face appears to describe an invention,

      • (E) either a small entity declaration, in accordance with section 3.01 of the Patent Rules as it read on the day on which the declaration was received, and the small entity fee set out in item 1 of Schedule II to those Rules as that item read on the day on which that fee was received or the standard fee set out in item 1 of that Schedule, as that item read on the day on which that standard fee was received; or

  • (b) with respect to a divisional application, the filing date of the original application from which the divisional application results, determined in accordance with this section.

  • 1993, c. 15, s. 55
  • 2001, c. 10, s. 3
  • 2014, c. 39, s. 139
  • 2015, c. 36, s. 65(F)
  • 2018, c. 27, s. 196

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