How to:
- Correct errors in the patent
- Request reissue
- Request a Disclaimer
- Apply for a correction, a reissue or a disclaimer
Corrections to granted patents
Under section 107 of the Patent Rules, certain errors made by the Commissioner in the patent, or in the specification or drawings of a granted patent can be corrected within 12 months of the issuance of the patent.
Under section 109 of the Patent Rules, certain errors in the name of the patentee or inventor can be corrected as well as obvious errors in the specification or drawings.
- Read chapter 28 of the Manual of Patent Office Practice (MOPOP) for details.
Reissue
If you own a patent that you believe is defective or not working or that contains errors and does not fulfill the intent of the applicant, you can apply to have the patent reissued. A patent can be reissued within 4 years of being granted.
- Read chapter 31 of the MOPOP for details.
Disclaimer
If you own a patent in which you believe that the specification was made too broad, you can apply for a disclaimer to narrow the scope of some or all of its claims. Disclaimers can be added at any time after a patent is granted.
- Read chapter 29 of the MOPOP for details.
How to apply for a correction, a reissue or a disclaimer
A correction to errors in the patent, an application for reissue or a filing of a disclaimer can be submitted to CIPO electronically via MyCIPO Patents, or by following the communication procedures found in chapter 2 of the MOPOP.
To access MyCIPO Patents, you need a My Canada Business Account.
Don't have an account? Visit the login page and follow the steps to create an account.