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2.31.4.4 Ground (1): Section 40

Date Published

The consideration of sec 40 issues is the same for innovation patents as it is for standard patent applications, except that innovation patents are limited to 5 claims, any number of which may be independent (sec 40(2)(c)).  

Where an innovation patent has more than 5 claims, examiners should issue a report stating:

"Your Innovation Patent does not comply with Section 40(2)(c) of the Patents Act because it has more than five claims defining the invention. You will need to file amended claims having no more than five claims."

[See PERP code E90]

Unless all claims can be examined with negligible additional effort, examiners should reserve opinion on all other examination issues pending response to the report.

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