3.1 (1) Subject to subsection 6(1), if, before the expiry of a time limit for paying a fee set out in Schedule II, the Commissioner receives a communication in accordance with which a clear but unsuccessful attempt is made to pay the fee, the fee shall be considered to have been paid before the expiry of the time limit if
(a) the amount of the fee that was missing is paid before the expiry of the time limit;
(b) if a notice is sent in accordance with subsection (2), the amount of the fee that was missing, together with the late payment fee set out in item 22.1 of Schedule II, are paid before the expiry of the two-month period after the date of the notice; or
(c) if a notice is not sent, the amount of the fee that was missing, together with the late payment fee set out in item 22.1 of Schedule II, are paid before the expiry of the two-month period after the day on which the communication was received by the Commissioner.
(2) Subject to subsection 6(1) and unless the person making the communication did not provide information that would allow them to be contacted, if the Commissioner has received a communication in the circumstances referred to in subsection (1), the Commissioner shall, by notice to the person who made the communication, request payment of the amount of the fee that was missing together, if applicable, with the late payment fee referred to in subsection (1).
(3) Subsections (1) and (2) do not apply in respect of the fees set out in items 9 to 9.4 and 22.1 of Schedule II.
- SOR/2003-208, s. 2.
4. (1) The Commissioner shall, on request, refund fees in accordance with subsections (2) to (16).
(2) If an application does not meet the requirements of section 28 of the Act entitling it to a filing date, the fee paid shall be refunded, less $25.
(3) Where an application is submitted to the Commissioner by mistake and the Commissioner is notified before the application has been assigned a number that the application is to be withdrawn, the fee paid on the withdrawn application shall be refunded, less $25.
(4) Where, through inadvertence, more than one application is filed for the same invention, by or on behalf of the same person, and where any one of such applications is withdrawn before examination, any fee paid on the withdrawn application shall be refunded, less one-half of the filing fee.
(5) Where the Commissioner sends a notice to the applicant pursuant to subsection 94(1) and the applicant does not comply with the requisition set out in that notice, any fee paid pursuant to that subsection shall be refunded, less $25.
(6) If a person pays a standard fee set out in an item of Schedule II, no refund shall be made solely for the reason that the appropriate fee is in fact the small entity fee set out in that item.
(7) Where a fee to register any document relating to a patent or an application is received and the document is not submitted, the fee paid shall be refunded.
(8) Where a request for the reinstatement of an abandoned application is received and the applicant does not comply with the requirements for reinstatement, any fee paid for reinstatement shall be refunded, less one-half of the reinstatement fee.
(9) Where a request for the reinstatement of an abandoned application is refused, any fee paid for reinstatement shall be refunded.
(10) A final fee referred to in subsection 30(1) or (5) shall be refunded if
(a) it is received during the prosecution of an application and the application is subsequently refused or abandoned;
(b) a request for its return is received before the start of technical preparations for issue; or
(c) it is submitted by a person who is not the authorized correspondent.
(11) Where a candidate for the Patent Agents’ Examination withdraws the candidate’s name by written notice to the Commissioner received
(a) before March 1 of the year of the examination, the fee paid shall be refunded; or
(b) on or after March 1 of the year of the examination and before the date of the examination, the fee paid shall be refunded, less $25.
(12) When the fee received with a request for a copy of a document is insufficient and the request is cancelled, the fee paid shall be refunded.
(13) When an application referred to in section 68 of the Act and presented under subsection 65(1) of the Act is not advertised in the Canadian Patent Office Record, any fee paid for advertising the application shall be refunded.
(14) Subject to subsections (2) to (13) and (15), any fee paid by mistake for copies of a document that the Patent Office does not have or paid in excess of the fee prescribed shall be refunded.
(15) No refund shall be made if the amount of the refund amounts to less than $1 or if the refund results from the exchange on foreign currency.
(16) No refund shall be made unless the request is made before the expiry of three years after the day on which the payment was made.
- SOR/2007-90, s. 3;
- SOR/2009-319, s. 2.
- Date modified: