ipatents.ca: Patent Stories

Package 1 of the new Patent Rules comes in to effect October 1, 2010

A CIPO news item refers to the publication of the rules in Part II of the Gazette on December 9, 2009. According to the news item, the rule change will achieve a number of ends including:

1. Simplify the definition of the term “description”;
2. Clarify the purpose of section 16(4);
3. Consolidate provisions that address the establishment of a filing date;
4. Clarify the confidentiality period;
5. Amend incorrect reference to a section of the Patent Act regarding the payment of maintenance fees;
6. Update the reference to the definition of “small entity” in Form 3 of Schedule I to the Rules;
7. Clarify Form 3 of Schedule I to the Rules; and
8. Simplify the completion requirements.

Interestingly, the somewhat opaque item number 7 will overhaul the troubled Declaration of Entitlement regime currently in place. It remains to be seen how this new section 37 of the Rules will be applied by CIPO. I think a short-form declaration of entitlement will be quite welcomed by PCT national phase applicants.