Patent Rules (SOR/96-423)

• 26.1 (1) If, after the coming into force of this subsection, an applicant fails to comply with a notice of allowance requisitioning payment of the applicable final fee set out in paragraph 6(a) of Schedule II only because they paid in error the small entity fee instead of the standard fee referred to in paragraph 3(4)(b), the Commissioner is authorized to extend the 12-month period prescribed by section 98 or 152 to make a request for reinstatement in respect of that failure if the Commissioner is satisfied that the circumstances justify the extension.

• (2) An extension may be authorized under subsection (1) only if the following conditions are satisfied:

  • (a) the applicant or patentee files a statement that, to the best of their knowledge, the small entity fee was paid in good faith and the subject application for the extension is being filed without undue delay after the applicant or patentee became aware that the standard fee should have been paid; and

  • (b) the applicant or patentee pays the difference between the amount of the small entity fee that was paid and the standard fee as set out in subparagraph 6(a)(i) of Schedule II to the Patent Rules as they read at the time the small entity fee was paid.

26.2 For greater certainty, if a time is fixed for doing anything by a provision of these Rules, the time fixed for doing that thing is the time that is fixed by that provision as extended by the Commissioner under section 26 or 26.1.

27. Except in respect of Part V, the Commissioner is authorized to extend the time fixed by subsection 18(2) of the Act if the fee set out in item 22 of Schedule II has been paid and the Commissioner is satisfied that the circumstances justify the extension.

• 27.1. (1) The documents, information and fees prescribed for the purposes of subsection 28(1) of the Act are

  • (a) if paragraphs (b) and (c) do not apply and one or more of the following has been received by the Commissioner on or after June 2, 2007,

    • (i) an indication, in English or French, that the granting of a Canadian patent is sought,

    • (ii) the applicant’s name,

    • (iii) the applicant’s address or that of their patent agent,

    • (iv) a document, in English or French, that on its face appears to describe an invention, and

    • (v) either

      • (A) a small entity declaration in accordance with section 3.01 and the small entity fee set out in item 1 of Schedule II as it read at the time of receipt, or

      • (B) the standard fee set out in that item;

  • (b) if one or more of the following has been received by the Commissioner on or after October 1, 1996 and all of the following have been received before June 2, 2007,

    • (i) an indication in English or French that the granting of a Canadian patent is sought,

    • (ii) the applicant’s name,

    • (iii) the applicant’s address or that of their patent agent,

    • (iv) a document, in English or French, that on its face appears to describe an invention, and

    • (v) the fee set out in item 1 of Schedule II as it read at the time of receipt;

  • (c) if all of the following have been received by the Commissioner before October 1, 1996,

    • (i) a petition executed by the applicant or a patent agent on the applicant’s behalf,

    • (ii) a specification, including claims,

    • (iii) any drawing referred to in the specification,

    • (iv) an abstract of the description, which may be inserted at the beginning of the specification, and

    • (v) the fee set out in item 1 of Schedule II as it read at the time of receipt.

• (2) Subject to subsection 36(4) of the Act as it read immediately before October 1, 1989, the filing date of an application in Canada filed before October 1, 1989 is the date on which the fee for filing it has been paid and the following documents relating to it have been filed:

  • (a) a statement that the granting of a patent is sought, executed by the applicant or a patent agent on the applicant’s behalf;

  • (b) a specification, including claims;

  • (c) any drawing referred to in the specification; and

  • (d) an abstract of the description, which may be inserted at the beginning of the specification.