- Patents Regulations 1954
- Contents
- Part 1 Preliminary
- Part 2 Fees
- Part 3 Forms and documents
- Part 4 Agency and correspondence
- Part 5 Applications for patents, and specifications
- Part 6 Drawings
- Part 7 Examination of applications
- Part 8 Putting applications in order and acceptance of complete specifications
- Part 9 Opposition to grant of patent
- Part 10 Refusal of patent without opposition
- Part 11 Mention of inventor as such
- Part 12 Substitution of applicants, etc
- Part 13 Sealing and form of patent
- Part 14 Renewal fees
- Part 15 Extension of term of patent
- Part 16Restoration of lapsed patents
- Part 16 Restoration of lapsed patents
- Part 17 Restoration of lapsed applications for patents where patent not sealed
- Part 18 Restoration of application where complete specification not accepted
- Part 19 Amendment of specification or application for patent
- Part 20 Revocation and surrender of patent
- Part 21 Voluntary endorsement of patents “licences of right”
- Part 22 Compulsory licence, compulsory endorsement of patent “licences of right”, and revocation
- Part 23 Directions to coowners
- Part 24 Disputes as to inventions made by employees
- Part 25 Register of patents
- Part 26 Correction of errors
- Part 27 Certificates and information
- Part 28 Evidence and attendance of witnesses before Commissioner
- Part 29 Applications to and orders of Court
- Part 30 Patent attorneys
- Part 31 Miscellaneous provisions
- Part 32 Revocations and savings
- Schedule 1 Fees
- Schedule 2 Forms
- Schedule 3 Forms of patent and patent of addition
- Schedule 4 Renewal fees payable
- Schedule 5 Regulations revoked
- Part 1 Preliminary
- Part 2 Fees
- Part 3 Forms and documents
- Part 4 Agency and correspondence
- Part 5 Applications for patents, and specifications
- 20 Personal representative to establish right to act
- 21 Declaration of inventorship in certain cases
- 22 Cognate applications
- 23 Date of divisional application
- 24 Division of applications if not cognate
- 25 Evidence in support of convention applications
- 26 Division of convention application
- 27 Extension of period for filing complete specification
- 28 Request for postdating an application
- Part 6 Drawings
- Part 7 Examination of applications
- 37 Order of examination
- 38 Examination may be advanced
- 39 Examination procedure under section 13 of the Act
- 40 Procedure under section 14 of the Act
- 41 Periods in regulation 40 hereof may be extended
- 42 Application for result of search
- 43 Reference to prior specification
- 44 Reference to prior patent
- 45 Reference to applicant includes patentee
- Part 8 Putting applications in order and acceptance of complete specifications
- Part 9 Opposition to grant of patent
- Part 10 Refusal of patent without opposition
- Part 11 Mention of inventor as such
- Part 12 Substitution of applicants, etc
- Part 13 Sealing and form of patent
- Part 14 Renewal fees
- Part 15 Extension of term of patent
- Part 16 Restoration of lapsed patents
- Part 17 Restoration of lapsed applications for patents where patent not sealed
- Part 18 Restoration of application where complete specification not accepted
- Part 19 Amendment of specification or application for patent
- Part 20 Revocation and surrender of patent
- Part 21 Voluntary endorsement of patents“licences of right”
- 109 Application under section 44(1) of the Act
- 110 Applications under section 44(2)(a) and (b) of the Act
- 111 Cancellation of endorsement under section 45(1) of the Act
- 112 Cancellation of endorsement under section 45(2) of the Act
- 113 Advertisement and opposition
- 114 Balance of renewal fees payable on cancellation
- Part 22 Compulsory licence, compulsory endorsement of patent “licences of right”, and revocation
- Part 23 Directions to coowners
- Part 24 Disputes as to inventions made by employees
- Part 25 Register of patents
- 125 Register to record grant of patents
- 126 Alteration of entries
- 127 Registration of assignments, etc
- 128 Copies of documents
- Public inspection of register, etc.
- 130 Payment of renewal fees to be entered
- 131 Entry of claim arising from special provision in order for extension of term of patent
- 132 Application for dispensing with probate or letters of administration
- Part 26 Correction of errors
- Part 27 Certificates and information
- Part 28 Evidence and attendance of witnesses before Commissioner
- Part 29 Applications to and orders of Court
- Part 30 Patent attorneys
- 152 Register of patent attorneys
- 153 Publication of entries
- 154 Qualification for registration
- 155 Examination
- 155 Examination
- 156 Persons entitled to sit examination
- Entries for examination and appointment of examiners
- 158 Subjects of examination
- 159 Rules for examination
- 160 Requirements for pass
- 161 Renewal of registration
- 162 Amendment of entries in register of patent attorneys
- 163 Evidence
- Part 31 Miscellaneous provisions
- Part 32 Revocations and savings
- Schedule 1 Fees
- Schedule 2 Forms
- Patents Form No 1
- Patents Form No 2
- Patents Form No 3
- Patents Form No 4
- Patents Form No 5
- Patents Form No 6
- Patents Form No 7
- Patents Form No 8
- Patents Form No 9
- Patents Form No 10
- Patents Form No 11
- Patents Form No 12
- Patents Form No 13
- Patents Form No 14
- Patents Form No 15
- Patents Form No 16
- Patents Form No 17
- Patents Form No 18
- Patents Form No 19
- Patents Form No 20
- Patents Form No 21
- Patents Form No 22
- Patents Form No 23
- Patents Form No 24
- Patents Form No 25
- Patents Form No 26
- Patents Form No 27
- Patents Form No 28
- Patents Form No 29
- Patents Form No 30
- Patents Form No 31
- Patents Form No 32
- Patents Form No 33
- Patents Form No 34
- Patents Form No 35
- Patents Form No 36
- Patents Form No 37
- Patents Form No 38
- Patents Form No 39
- Patents Form No 40
- Patents Form No 41
- Patents Form No 42
- Patents Form No 43
- Patents Form No 44
- Patents Form No 45
- Patents Form No 46
- Patents Form No 47
- Patents Form No 48
- Patents Form No 49
- Patents Form No 50
- Patents Form No 51
- Patents Form No 52
- Patents Form No 53
- Patents Form No 54
- Patents Form No 55
- Patents Form No 56
- Patents Form No 57
- Patents Form No 58
- Patents Form No 59
- Patents Form No 60
- Patents Form No 61
- Patents Form No 62
- Patents Form No 63
- Patents Form No 64
- Patents Form No 65
- Patents Form No 66
- Patents Form No 67
- Patents Form No 68
- Patents Form No 69
- Patents Form No 70
- Patents Form No 71
- Patents Form No 72
- Patents Form No 73
- Patents Form No 74
- Patents Form No 75
- Patents Form No 76
- Schedule 3 Forms of patent and patent of addition
- Schedule 4 Renewal fees payable
- Schedule 5 Regulations revoked
- Explanatory note
Patents Regulations 1954
(SR 1954/211)
PURSUANTtothe PatentsAct1953 ,HisExcellencytheGovernorGeneral, actingby and with the advice andconsent ofthe Executive Council, hereby makes the following regulations.
Contents Note These regulations are administered in the Department of Justice.
Part 4 Agency and correspondence
Agents may act for applicants Authorization of agent Revocation of agent’s authority Refusal to recognize agent Addressing of correspondence Address for service required in all cases
Part 5 Applications for patents, and specifications
Appropriate application forms to be used Personal representative to establish right to act Declaration of inventorship in certain cases Cognate applications Date of divisional application Division of applications if not cognate Evidence in support of convention applications Division of convention application Extension of period for filing complete specification Request for postdating an application
When supplied, drawings to accompany specification Drawing paper Size of sheets, etc. Preparation of drawings Identification of drawings Descriptive matter Drawings not to be creased Drawings filed with provisional specification
Part 7 Examination of applications
Order of examination Examination may be advanced Examination procedure under section 13 of the Act Procedure under section 14 of the Act Periods in regulation 40 hereof may be extended Application for result of search Reference to prior specification Reference to prior patent Reference to applicant includes patentee
Part 8 Putting applications in order and acceptance of complete specifications
Extension of time under section 19(2) of the Act
Extension of time under section 20(1) of the Act
Part 9 Opposition to grant of patent
Notice of opposition Counterstatement Filing of evidence by opponent Filing of evidence by applicant Closing of evidence Supply of documents, etc, for use of Commissioner Hearing Insertion of reference Costs
Part 10 Refusal of patent without opposition
Notice to applicant Hearing Extension of time
Part 11 Mention of inventor as such
Application under section 23(3) of the Act Application under section 23(4) of the Act Extension of time Application for certificate under section 23(8) of the Act Manner of mention of inventor
Part 12 Substitution of applicants, etc
Procedure under section 24(1) of the Act
Procedure under section 24(5) of the Act
Part 13 Sealing and form of patent
Request for sealing Time for sealing under section 27(2) of the Act Time for sealing under section 27(3) of the Act Time for sealing under section 27(4) of the Act Form of patent Amendment of patent
When payable Renewal fees may be paid in advance Extension of time for payment Certificate of payment Notice that renewal fee due Inventions relating to defence or atomic energy
Part 15 Extension of term of patent
Application Advertisement of application Opposition and evidence Hearing Unopposed application Reference of application to the Court
Part 16 Restoration of lapsed patents
Application Preliminary consideration by Commissioner Opposition Action on decision in favour of applicant Order of Commissioner restoring patent to be subject to
Part 17 Restoration of lapsed applications for patents where patent not sealed
Application Preliminary consideration by Commissioner Opposition Action on decision in favour of applicant Order of Commissioner for sealing patent to be subject
Part 18 Restorationofapplicationwherecompletespecification not accepted
Application Preliminary consideration by Commissioner Opposition Order of Commissioner restoring application to be subject
Part 19 Amendment of specification or application for patent
Application to amend accepted complete specification Opposition Application to amend unaccepted complete specification Application to amend application for patent New specification and drawings as amended may be
Part 20 Revocation and surrender of patent
Application for revocation Opposition procedure Application for surrender Form of offer to surrender a patent Opposition
Part 21 Voluntary endorsement of patents “ licences ofright ”
Application under section 44(1) of the Act Applications under section 44(2)(a) and (b) of the Act Cancellation of endorsement under section 45(1) of the
Act Cancellation of endorsement under section 45(2) of the Act Advertisement and opposition Balance of renewal fees payable on cancellation
Part 22 Compulsory licence, compulsory endorsement of patent “ licences of right ” , and revocation
Application under section 46 of the Act Application under section 49(1) of the Act Application under section 50 of the Act Evidence Preliminary consideration by Commissioner Opposition Application under section 51 of the Act
Part 23 Directions to coowners
Application under section 64(1) of the Act
Application under section 64(2) of the Act
Part 24 Disputes as to inventions made by employees
Application under section 65(1) of the Act
Part 29 Applications to and orders of Court
Service of copy of application on Commissioner Action consequent upon Court order
Register of patent attorneys Publication of entries Qualification for registration Examination Persons entitled to sit examination Entries for examination and appointment of examiners
157 Entries for examination and appointment of examiners 58 158 Subjects of examination 59 159 Rules for examination 60
Requirements for pass Renewal of registration Amendment of entries in register of patent attorneys Evidence
Part 31 Miscellaneous provisions
Particulars of patent applications which may be published Signature of documents Exercise of discretionary power by Commissioner Amendment of documents Power of Commissioner to extend times Power of Commissioner to waive requirements Destruction of records Part 32 Revocations and savings Revocations and savings Schedule 1 65 Fees
Schedule 3 111 Forms of patent and patent of addition
Schedule 4 114 Renewal fees payable
Schedule 5 115 Regulations revoked
Part 1 Preliminary
Title, commencement, and arrangement - (1)
- These regulations may be cited as the Patents Regulations 1954.
- (2)
- These regulations shall come into force immediately after the commencement of the Patents Act 1953.
(3) Section 1(3) (Analysis) has been omitted.
Interpretation
2 In these regulations, unless the contextotherwise requires,— The Act means the Patents Act 1953 Agent means a registered patent attorney, or a solicitor so far
as he is entitled to practise under the Act, who is duly autho
rized to the satisfaction of the Commissioner Commonwealth country means a country that is a member of the British Commonwealth of Nations; and includes every territory for whose international relations the Government of that country is responsible
Theregister meanstheregisterofpatentskeptunderthepro
PURSUANTtothe PatentsAct1953 ,HisExcellencytheGovernorGeneral, actingby and with the advice andconsent ofthe Executive Council, hereby makes the following regulations.
Contents Note These regulations are administered in the Department of Justice.
Part 4 Agency and correspondence
Agents may act for applicants Authorization of agent Revocation of agent’s authority Refusal to recognize agent Addressing of correspondence Address for service required in all cases
Part 5 Applications for patents, and specifications
Appropriate application forms to be used Personal representative to establish right to act Declaration of inventorship in certain cases Cognate applications Date of divisional application Division of applications if not cognate Evidence in support of convention applications Division of convention application Extension of period for filing complete specification Request for postdating an application
When supplied, drawings to accompany specification Drawing paper Size of sheets, etc. Preparation of drawings Identification of drawings Descriptive matter Drawings not to be creased Drawings filed with provisional specification
Part 7 Examination of applications
Order of examination Examination may be advanced Examination procedure under section 13 of the Act Procedure under section 14 of the Act Periods in regulation 40 hereof may be extended Application for result of search Reference to prior specification Reference to prior patent Reference to applicant includes patentee
Part 8 Putting applications in order and acceptance of complete specifications
Extension of time under section 19(2) of the Act
Extension of time under section 20(1) of the Act
Part 9 Opposition to grant of patent
Notice of opposition Counterstatement Filing of evidence by opponent Filing of evidence by applicant Closing of evidence Supply of documents, etc, for use of Commissioner Hearing Insertion of reference Costs
Part 10 Refusal of patent without opposition
Notice to applicant Hearing Extension of time
Part 11 Mention of inventor as such
Application under section 23(3) of the Act Application under section 23(4) of the Act Extension of time Application for certificate under section 23(8) of the Act Manner of mention of inventor
Part 12 Substitution of applicants, etc
Procedure under section 24(1) of the Act
Procedure under section 24(5) of the Act
Part 13 Sealing and form of patent
Request for sealing Time for sealing under section 27(2) of the Act Time for sealing under section 27(3) of the Act Time for sealing under section 27(4) of the Act Form of patent Amendment of patent
When payable Renewal fees may be paid in advance Extension of time for payment Certificate of payment Notice that renewal fee due Inventions relating to defence or atomic energy
Part 15 Extension of term of patent
Application Advertisement of application Opposition and evidence Hearing Unopposed application Reference of application to the Court
Part 16 Restoration of lapsed patents
Application Preliminary consideration by Commissioner Opposition Action on decision in favour of applicant Order of Commissioner restoring patent to be subject to
Part 17 Restoration of lapsed applications for patents where patent not sealed
Application Preliminary consideration by Commissioner Opposition Action on decision in favour of applicant Order of Commissioner for sealing patent to be subject
Part 18 Restorationofapplicationwherecompletespecification not accepted
Application Preliminary consideration by Commissioner Opposition Order of Commissioner restoring application to be subject
Part 19 Amendment of specification or application for patent
Application to amend accepted complete specification Opposition Application to amend unaccepted complete specification Application to amend application for patent New specification and drawings as amended may be
Part 20 Revocation and surrender of patent
Application for revocation Opposition procedure Application for surrender Form of offer to surrender a patent Opposition
Part 21 Voluntary endorsement of patents “ licences ofright ”
Application under section 44(1) of the Act Applications under section 44(2)(a) and (b) of the Act Cancellation of endorsement under section 45(1) of the
Act Cancellation of endorsement under section 45(2) of the Act Advertisement and opposition Balance of renewal fees payable on cancellation
Part 22 Compulsory licence, compulsory endorsement of patent “ licences of right ” , and revocation
Application under section 46 of the Act Application under section 49(1) of the Act Application under section 50 of the Act Evidence Preliminary consideration by Commissioner Opposition Application under section 51 of the Act
Part 23 Directions to coowners
Application under section 64(1) of the Act
Application under section 64(2) of the Act
Part 24 Disputes as to inventions made by employees
Application under section 65(1) of the Act
Part 29 Applications to and orders of Court
Service of copy of application on Commissioner Action consequent upon Court order
Register of patent attorneys Publication of entries Qualification for registration Examination Persons entitled to sit examination Entries for examination and appointment of examiners
157 Entries for examination and appointment of examiners 58 158 Subjects of examination 59 159 Rules for examination 60
Requirements for pass Renewal of registration Amendment of entries in register of patent attorneys Evidence
Part 31 Miscellaneous provisions
Particulars of patent applications which may be published Signature of documents Exercise of discretionary power by Commissioner Amendment of documents Power of Commissioner to extend times Power of Commissioner to waive requirements Destruction of records Part 32 Revocations and savings Revocations and savings Schedule 1 65 Fees
Schedule 3 111 Forms of patent and patent of addition
Schedule 4 114 Renewal fees payable
Schedule 5 115 Regulations revoked
Title, commencement, and arrangement (3) Section 1(3) (Analysis) has been omitted.
Interpretation
2 In these regulations, unless the contextotherwise requires,— The Act means the Patents Act 1953 Agent means a registered patent attorney, or a solicitor so far
as he is entitled to practise under the Act, who is duly autho
rized to the satisfaction of the Commissioner Commonwealth country means a country that is a member of the British Commonwealth of Nations; and includes every territory for whose international relations the Government of that country is responsible
Theregister meanstheregisterofpatentskeptunderthepro
Part 1 Preliminary