MOPOP - Chapter 1



Contacting the Patent Office

Table of Contents

1.01
Location of the Patent Office – April 2017

The Patent Office is located at Place du Portage I, 50 Victoria Street, Gatineau, Quebec and is open from 8:30 a.m. to 4:30 p.m. Monday to Friday. The Patent Office is closed on statutory holidays.

CIPO's Client Service Centre phone number is 1-866-997-1936; the mailroom telephone number is (819) 997-1727; and the finance telephone number is (819) 994-2269.

1.02
Correspondence in person or by mail - June 2016

All correspondence for the Commissioner of Patents or for the Patent Office should be submitted in accordance with sections 5, 7, 8 and 9 of the Patent Rules, and should be addressed to:

The Commissioner of Patents
Canadian Intellectual Property Office
Place du Portage, Phase I
50 Victoria Street, Room C-114
Gatineau, QC, K1A 0C9

When submitting a document that also has a fee requirement, CIPO’s fee payment form should always be submitted as a covering document and should be the only document submitted that contains financial information, such as credit card numbers.

Mail correspondence may be sent by regular mail or using the Registered MailTM or XpresspostTM Service of Canada Post to the address above.

Correspondence may also be delivered in person to CIPO’s mailroom (C-114), or to any designated establishment as identified in the Canadian Patent Office Record (CPOR). Documents delivered to a designated establishment must be enclosed in a sealed envelope.

1.03
Electronic correspondence - June 2016

Correspondence sent electronically by facsimile or online in accordance with section 8.1 of the Patent Act constitutes the original; therefore, a duplicate paper copy should not be forwarded.

1.03.01
Facsimile transmissions

The Patent Office accepts facsimile transmissions in respect of applications or other correspondence. Facsimiles must be addressed to the Commissioner and sent to one of the following numbers (facsimile equipment of CIPO's mailroom):

  • (819) 953-CIPO (953-2476) or
  • (819) 953-OPIC (953-6742)

The electronic transmittal report returned to you following your facsimile transmission will constitute the acknowledgement that the correspondence has been received. Confidentiality of the facsimile transmission process cannot be guaranteed.

Facsimile correspondence which is sent to any facsimile number other than those indicated above, including those of a designated establishment, will be considered not to have been received.

1.03.02
Online correspondence via CIPO's website

Online correspondence addressed to the Commissioner for filing a patent application may be sent electronically.

Any other correspondence addressed to the Commissioner relating to an application or to a patent (e.g. fee payments, registering documents, requesting national entry of an international application), may also be sent electronically via CIPO’s website.

Document presentation requirements relating to sections 68, 69 and 70 of the Patent Rules apply to electronically submitted correspondence, including facsimiles. The acceptable file formats for documents submitted electronically via CIPO's website can be found at the above-listed links.

1.04
Date of reception - June 2016

In accordance with the above:

  • Mail intended for the Patent Office and delivered, during business hours, to CIPO's offices in Gatineau will be accorded the date of reception by CIPO.
  • Mail intended for the Patent Office and delivered, during business hours, to one of the designated establishments will be considered to be received on the date of delivery to that designated establishment, only if it is also a day on which CIPO is open for business. Mail delivered to a designated establishment on a day when CIPO’s offices in Gatineau are closed will be considered to be received on the next day on which CIPO is open for business. If, for example, mail intended for the Patent Office is delivered to Innovation, Science and Economic Development Canada’s designated establishment in Toronto on June 24, it will not be considered to be received on June 24 as this is a day on which CIPO’s offices in Gatineau are closed. Mail delivered to designated establishments on June 24 will be considered to be received on the next day on which CIPO is open for business.
  • As Canada Post’s Registered MailTM and XpresspostTM services are considered to be a designated establishment, mail intended for the Patent Office and delivered through Canada Post’s Registered MailTM and XpresspostTM services are considered to be received on the date indicated on the mailing receipt provided by Canada Post, if it is a day on which CIPO’s offices in Gatineau are open. If the date on the mailing receipt is a day when CIPO’s offices in Gatineau are closed, the mail will be considered to be received on the next day on which CIPO is open for business.
  • Correspondence intended for the Patent Office and delivered by electronic means of transmission, including facsimile, will be considered to be received by the Commissioner on the day that it is transmitted if received before midnight, local time at the Patent Office in Gatineau. On days where the Patent Office is closed for business, correspondence received on that day will be considered to be received on the next day on which the Patent Office is open for business.

1.04.01
Filing of a document on statutory holidays

In accordance with section 26 of the Interpretation Act, any person choosing to deliver a document to a designated establishment, including the Patent Office in Gatineau, an Innovation, Science and Economic Development Canada regional office, or via Canada Post’s Registered MailTM and XpresspostTM services where a federal, provincial or territorial holiday exists, is entitled to an extension of any time limit for the filing of the document that expires on the holiday, until the next day that is not a holiday. It is to be noted, in respect of provincial and territorial holidays, that the entitlement of the extension is dependent on the establishment to which the document is delivered and not on the place of residence of the person for whom the document is filed or of their agent. For this purpose, documents transmitted to the Patent Office by electronic means, including by facsimile, would be considered to be delivered in Gatineau, Quebec.

The Patent Office does not keep track of the establishment to which documents are delivered. Accordingly, where a person has a time limit for the filing of a document that expires on a provincial or territorial holiday but only delivers the document on the next day that is not a holiday, the Patent Office will assume that the document was delivered to an establishment that would justify an extension of the time limit. In such circumstances, it will be the responsibility of the person filing the document to ensure that they are properly entitled to any needed extension of the time limit.

In addition to the extensions of time limits referred to above, in accordance with subsection 78(1) of the Patent Act, any patent time limit that expires on a day when the Patent Office is closed for business is deemed to be extended to the next day when the office is open for business. All persons are entitled to these extensions regardless of their place of residence or of the establishment to which documents are delivered.

The Patent Office takes the position that section 26 of the Interpretation Act applies to international Patent Cooperation Treaty (PCT) applications filed in Canada. Accordingly, where a person has a time limit under the PCT for the filing of a document in Canada that expires on a provincial or territorial holiday but only delivers the document on the next day that is not a holiday, the Patent Office will assume that the document was delivered to an establishment that would justify an extension of the time limit. The Patent Office, however, takes no position as to whether such extensions would be recognized by other countries and it will be the responsibility of the person filing the document to ensure that in other countries of interest they are properly entitled to any needed extension of the time limit by reason of rule 80.5 of the Regulations under the PCT, or under some other applicable law.

CIPO’s website lists days identified by the Patent Office as being days that are not federal holidays but that are holidays in one or more provinces or territories (scroll down to  Provincial and Territorial Holidays).

The website also lists the days that the Patent Office is closed for business for the purposes of subsection 78(1) of the Patent Act (scroll down to When CIPO’s offices are closed for business).

1.05
Interviews - June 2016

Subject to the conditions imposed by subsection 6(3) of the Patent Rules, the authorized correspondent, applicant and agent may request an interview with an examiner in respect of an application. Appointments must be arranged in advance so that the examiner will be available and prepared to discuss the prosecution of the application. Where an agent has been appointed, the agent must be present at the interview or have authorized it.

An interview concerning the prosecution of an application, including an application that has received a final action, may be requested at any stage of the prosecution and will be conducted by the examiner in charge of the application. During the interview the examiner may provide further explanation about the defects identified in a report or clarify certain points concerning the invention. It should be noted that interviews do not replace the normal prosecution of an application. An examiner will not provide verbal opinions or agree to accept amendments to the specifications during an interview.

In the case of an interview with a new examiner in training, a senior examiner or a section head will also be in attendance. Problems that do not concern the examination process are referred to the appropriate section of the Patent Office.

The Commissioner does not meet with applicants or agents about prosecution issues related to specific applications.

1.06
CIPO Client Feedback - April 2014

As part of its ongoing commitment to improve its services, the Patent Office encourages feedback from clients. Feedback is invited via CIPO's online Client Feedback system.

Using this simple online form, clients may submit a complaint, comment or compliment. Those wishing to receive a response are invited to include their name and contact information. Feedback can also be submitted anonymously.

Where a reply is required, CIPO will provide an initial response within four business days. General matters are handled by CIPO's Client Service Centre. Questions or concerns of a more technical nature are routed to the appropriate subject-matter expert within the Patent Office.

CIPO's online Client Feedback system is intended to help CIPO's clients provide comments on its services. Feedback is used to help CIPO resolve issues and to better understand how to improve its services.

It is important to note that the Client Feedback system is not intended for the prosecution of an application and cannot be used to respond to an official Patent Office requisition.

1.07
Publications related to Canadian documents - April 2017

The Canadian Patent Office Record (CPOR) is published weekly every Tuesday. It contains a list of all the patent applications open for public inspection and all the patents granted for the week ending with the Tuesday of the publication, and it also contains important notices.

The prosecution history and some administrative information relating to patent applications open to public inspection and relating to granted patents are accessible through CIPO’s Canadian Patents Database (CPD).  

An application’s or patent’s complete prosecution history may also be viewed in person at CIPO’s Gatineau office, purchased online via the Data and Document Dissemination Section, or obtained by contacting the Data and Document Dissemination Section at:

Data and Document Dissemination Section
Canadian Intellectual Property Office
Innovation, Science and Economic Development Canada
Place du Portage, Phase I
50 Victoria, Room C-229
Gatineau QC K1A 0C9

Tel.: 1 866 997-1936 (from 8.30 a.m. to 4.30 p.m. EST)
Fax: (819) 953-9969


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