Track changes for MOPOP revised April 2017

List of changes related to the incorporation of a new section detailing practice relating to antibodies.

Consult the other revisions of the MOPOP.

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Section 1.01 – Entire section

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1.01
Location of the Patent Office – June 2016

The Patent Office is located at Place du Portage I, 50 Victoria Street, Gatineau, Quebec. Our client service centre is open from 8:30 a.m. to 5:00 p.m. Monday to Friday and our mailroom is open from 8:30 a.m. to 4:30 p.m. Both are 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.

1.01
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.

Section 1.07 – 4th paragraph

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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 5:00 p.m. EST)
Fax: (819) 953-9969

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

Section 13.13 – 1st paragraph

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Upon payment of the final fee referred to in section 13.11, the Office will process the application to grant, and will generally issue the patent on a Tuesday approximately nine weeks after payment of the final fee. The patent will issue in the name(s) of the inventor(s), or to the legal representative(s) on the basis of appropriate documentation such as assignments received no later than the day on which the final fee is paid.

Upon payment of the final fee referred to in section 13.11, the Office will process the application to grant, and will generally issue the patent on a Tuesday approximately six weeks after payment of the final fee. The patent will issue in the name(s) of the inventor(s), or to the legal representative(s) on the basis of appropriate documentation such as assignments received no later than the day on which the final fee is paid.

Section 14.10 – 2nd paragraph

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When preparing the Petition (Form 3 of Schedule I of the Patent Rules), section 2 is completed. The Office considers any assignment registered in respect of the original application to also be registered in respect of the divisional application. In addition, any priority requested in respect of the original application will be considered to have been requested in respect of the divisional application unless the applicant advises the Office in writing that one or more priority claims are not to be considered.20

When preparing the Petition (Form 3 of Schedule I of the Patent Rules), section 2 is completed. Only the latest owner of the original/parent application will appear in the chain of title of the divisional application. In addition, any priority requested in respect of the original application will be considered to have been requested in respect of the divisional application unless the applicant advises the Office in writing that one or more priority claims are not to be considered.20

Subsection 23.03.01 – Entire subsection

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23.03.01
Time limit for filing an application for reissue

Subsection 47(1) of the Patent Act requires that a patent be surrendered within four years from its date of grant in order to obtain a reissue. This has been interpreted as requiring that an application for reissue be filed within four years from the grant of the original patent, and that the patentee agree to surrender the original patent upon reissue.28

23.03.01
Time limit for filing an application for reissue – April 2017

Subsection 47(1) of the Patent Act requires that a patent be surrendered within four years from its date of grant in order to obtain a reissue. This has been interpreted as requiring that an application for reissue be filed within four years from the grant of the original patent.28 The surrender of the original patent referred to in subsection (1) is considered to take place at the time the application for reissue is submitted in accordance with Form 1 of the Rules, but only to take effect if a new patent is issued.

The original patent should never be returned to the Office for the purpose of a reissue.

Subsection 23.03.06 – 2nd paragraph

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The grant copy of a patent should never be submitted to the Patent Office with Form 1. Should the patent reissue, the Office will request that the patentee submit the grant copy at that time.

The original patent should never be returned to the Office for the purpose of a reissue.

Subsection 23.03.07 – last paragraph

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If the application for reissue is found acceptable by both the Reissue Board and the examiner, the patent will be reissued with an “E” document code. If the original patent was filed after October 1, 1989 then the reissued patent will have the same patent number as the original patent; original patents filed before said date will be reissued with a new patent number in the one million series. If the application for reissue is found acceptable an office letter will be sent out requesting surrender of the grant copy. The patent will not be reissued until the grant copy is surrendered.

If the application for reissue is found acceptable by both the Reissue Board and the examiner, the patent will be reissued with an “E” document code. If the original patent was issued on the basis of an application filed after October 1, 1989 then the reissued patent will have the same patent number as the original patent; original patents issued on the basis of applications filed before said date will be reissued with a new patent number in the one million series. If the application for reissue is found acceptable the Office will send the patentee a new patent.

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