Patent Rules (SOR/96-423)

149. For the purposes of subsection 35(1) of the Act, a request for examination of an application shall contain the following information:

• (a) the name and address of the person making the request;

• (b) if the person making the request is not the applicant, the name of the applicant; and

• (c) information, such as the application number, sufficient to identify the application.

• 150. (1) Subject to subsection (2), for the purposes of paragraph 73(1)(d) of the Act, a request for the examination of an application shall be made and the fee set out in item 3 of Schedule II shall be paid before the expiry of the seven-year period after the filing date of the application.

• (2) A request for the examination of a divisional application shall be made and the fee set out in item 3 of Schedule II shall be paid before the expiry of the later of

  • (a) the seven-year period after the filing date of the original application; and

  • (b) the six-month period after the date on which the divisional application is actually filed in accordance with subsections 36(2) or (2.1) of the Act.

• (3) Subsection 26(1) does not apply in respect of the times prescribed in subsections (1) and (2).

151. For the purposes of subsection 73(2) of the Act, an application is deemed to be abandoned if the applicant does not reply in good faith to any requisition of the Commissioner referred to in section 23 or 25 within the time provided in that section.

• 152. (1) For an application deemed to be abandoned under section 73 of the Act to be reinstated, the applicant must, in respect of each failure to take an action referred to in subsection 73(1) of the Act or section 151, make a request for reinstatement to the Commissioner, take the action that should have been taken in order to avoid the abandonment and pay the fee set out in item 7 of Schedule II, before the expiry of the 12-month period after the date on which the application is deemed to be abandoned as a result of that failure.

• (2) For the purposes of subsection (1), if an application is deemed to be abandoned for failure to pay a fee referred to in subsection 3(4) or (7), for the applicant to take the action that should have been taken in order to avoid the abandonment, the applicant must, before the expiry of the time prescribed by subsection (1), either

  • (a) pay the applicable standard fee, or

  • (b) file a small entity declaration in respect of the application in accordance with section 3.01 and pay the applicable small entity fee.

• 153. (1) Where, before October 1, 1996, an application was forfeited pursuant to subsection 73(1) of the Act as it read immediately before that date and was not restored, the application is deemed to have been abandoned pursuant to paragraph 73(1)(f) of the Act on the same date as the forfeiture and may be reinstated in accordance with subsection 73(3) of the Act.

• (2) Subject to subsection (3), where, before October 1, 1996, an application was deemed to have been abandoned pursuant to the Act or the Patent Rules as they read before that date and was not reinstated, the application is deemed to have been abandoned pursuant to subsection 73(2) of the Act on the same date as the earlier deemed abandonment and may be reinstated in accordance with subsection 73(3) of the Act.

• (3) Where an application was, before April 1, 1996, deemed to have been abandoned pursuant to subsection 27.1(2) of the Act as it read immediately before that date, the application may not be reinstated in accordance with subsection 73(3) of the Act.

• (4) Subsection 16(4) of the Patent Cooperation Treaty Regulations as they read immediately before October 1, 1996 applies to an international application that was, before that date, deemed to be abandoned pursuant to subsection 16(3) of those Regulations.