Patent Rules

Version of section 182 from 2006-03-22 to 2010-09-30:

  •  (1) For the purposes of sections 45 and 46 of the Act, the applicable fee to maintain the rights accorded by a patent issued on or after October 1, 1989, set out in item 32 of Schedule II, shall be paid in respect of the periods set out in that item before the expiry of the times provided in that item.

  • (2) In subsection (1), “patent” does not include a reissued patent.

  • (3) Subject to subsection (4), for the purposes of section 45 of the Act, the applicable fee to maintain the rights accorded by a reissued patent, set out in item 32 of Schedule II, shall be paid in respect of the same periods and before the expiry of the same times, including periods of grace, as for the original patent.

  • (4) No fee to maintain the rights accorded by a reissued patent is payable

    • (a) if the original patent was issued before October 1, 1989; or

    • (b) in respect of any period for which a fee was paid to maintain the rights accorded by the original patent.

  • (5) Where, before October 1, 1996, a fee to maintain the rights accorded by a patent was paid under section 80.1 of the Patent Rules as they read immediately before that date for a one-year period commencing immediately after a particular anniversary, for the purposes of this section, that fee shall be considered to have been paid for the one-year period commencing immediately after the subsequent anniversary.

  • (6) For the purposes of subsection (5), anniversary means the anniversary of the date on which the patent was issued.

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