RELATED PROVISIONS

• — SOR/2003-208, s. 24

  24. For greater certainty, items 30 to 32 of Schedule II of the Patent Rules, as enacted by section 22 of these Rules, do not apply in respect of fees paid before January 1, 2004 pursuant to those items as they read immediately before January 1, 2004.

• — SOR/2003-208, s. 25

  25. For greater certainty, where, before January 1, 2004, an application for a patent is deemed to be abandoned for failure to pay a prescribed fee, the amount of the fee that must be paid for the purposes of paragraph 73(3)(b) of the Patent Act to reinstate the application is the amount set out in Schedule II of the Patent Rules as they read on the date of abandonment.

• — SOR/2003-208, s. 26

  26. Where, in respect of an application for a patent filed on or after October 1, 1989, a notice is sent before January 1, 2004 pursuant to subsection 30(1) or (5) of the Patent Rules, the amount of the final fee that must be paid for the purposes of subsections 30(1) or (5) of the Patent Rules is that set out in Item 6(a) of Schedule II of the Patent Rules as they read immediately before January 1, 2004.

• — SOR/2007-90, s. 39

  39. In respect of fees paid before the coming into force of these Rules, if a fee was paid by an applicant or patentee on the basis that the applicant or patentee was not a small entity, no refund shall be made solely for the reason that it was later determined to be a small entity.

• — SOR/2007-90, s. 40

  40. In respect of an application, other than a PCT national phase application, filed before the coming into force of these Rules, the applicant may substitute the requirements of section 37 of the Patent Rules as they read immediately before the coming into force of these Rules and of Form 3 of Schedule I to the Patent Rules as they read immediately before the coming into force of these Rules for the requirements of Form 3 of Schedule I to the Patent Rules.

• — SOR/2007-90, s. 41

  41. In respect of a PCT national phase application filed before the coming into force of these Rules, the applicant must either comply with the requirements of section 37 of the Patent Rules as they read immediately before the coming into force of these Rules or file a declaration as to the applicant’s entitlement, as at the international filing date, to apply for and be granted a patent, in accordance with Rule 4.17 of the Regulations under the PCT.

• — SOR/2007-90, s. 42

  42. In respect of a PCT national phase application filed before the coming into force of these Rules, the applicant may substitute the requirements of section 62 of the Patent Rules as they read immediately before the coming into force of these Rules for the requirements of section 94 of the Patent Rules.

• — SOR/2007-90, s. 43

  43. In respect of applications filed before the coming into force of these Rules, the applicant may substitute the requirements of sections 111 to 131 of the Patent Rules as they read immediately before the coming into force of these Rules for the requirements of section 111 of the Patent Rules.

• — SOR/2009-319, s. 28

  28. In respect of an application, other than a PCT national phase application, that has a filing date before October 1, 2010, the applicant may substitute the requirements of Form 3 of Schedule I to the Patent Rules as it read immediately before October 1, 2010 for the requirements of section 37 of the Patent Rules and of Form 3 of Schedule I to the Patent Rules.

• — SOR/2009-319, s. 29

  29. If the Commissioner, before October 1, 2010, requisitions the applicant by notice under subsection 94(1) of the Patent Rules as it read immediately before October 1, 2010 and the time provided by that subsection to reply has not expired,

  • (a) the notice is considered not to apply to the extent that it requisitions the applicant to comply with the requirements of any of clause 94(2)(b)(ii)(B) or subparagraph 94(3)(b)(i) or (ii) of the Patent Rules as they read immediately before October 1, 2010; and

  • (b) if the notice requisitions the applicant to comply with only one or more of the requirements referred to in paragraph (a), the applicant is not required to pay the fee set out in item 2 of Schedule II to the Patent Rules as it read immediately before October 1, 2010.