Patent Rules

Version of section 3 from 2007-06-02 to 2013-12-28:

  •  (1) If a person takes any proceeding or requests that any service be rendered by the Commissioner or by the Patent Office, the person shall pay to the Commissioner the appropriate fee, if any, set out in Schedule II for that proceeding or service.

  • (2) The appropriate fee on filing an application under subsection 27(2) of the Act is

    • (a) if a small entity declaration is filed in accordance with section 3.01, the small entity fee set out in item 1 of Schedule II; and

    • (b) in any other case, the standard fee set out in that item.

  • (3) The appropriate fee on requesting examination of an application under subsection 35(1) of the Act is

    • (a) if before the expiry of the applicable time prescribed by section 96 a small entity declaration is filed in respect of the application in accordance with section 3.01, the applicable small entity fee set out in item 3 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • (4) In respect of a final fee under subsection 30(1) or (5), the appropriate basic fee is

    • (a) if before the expiry of the time prescribed by subsection 30(1) or (5) a small entity declaration is filed in respect of the application in accordance with section 3.01, the applicable small entity fee set out in item 6 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • (5) The appropriate basic national fee under paragraph 58(1)(c) is

    • (a) if before the expiry of the time prescribed by subsection 58(3) a small entity declaration is filed in accordance with section 3.01, the small entity fee set out in item 10 of Schedule II; and

    • (b) in any other case, the standard fee set out in that item.

  • (6) The appropriate fee on requesting re-examination of a claim or claims in a patent under subsection 48.1(1) of the Act is

    • (a) the small entity fee set out in item 14 of Schedule II if

      • (i) the person requesting re-examination is the patentee and a small entity declaration is filed in respect of the patent, or the application on which the patent is based, in accordance with section 3.01, or

      • (ii) the person requesting re-examination is not the patentee and they file a small entity declaration in accordance with section 3.02; and

    • (b) in any other case, the standard fee set out in that item.

  • (7) In respect of a fee to maintain in effect under sections 99 and 154 an application filed on or after October 1, 1989, the appropriate fee is

    • (a) if before the expiry of the time prescribed for payment of the fee a small entity declaration is filed in accordance with section 3.01, the applicable small entity fee set out in item 30 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • (8) In respect of a fee to maintain under sections 100, 101, 155 and 156 the rights accorded by a patent issued on the basis of an application filed on or after October 1, 1989, the appropriate fee is

    • (a) if before the expiry of the time prescribed for payment of the fee a small entity declaration is filed in accordance with section 3.01, the applicable small entity fee set out in item 31 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • (9) In respect of a fee to maintain under subsections 182(1) and (3) the rights accorded by a patent issued on or after October 1, 1989 on the basis of an application filed before that date, the appropriate fee is

    • (a) if before the expiry of the time prescribed for payment of the fee a small entity declaration is filed in accordance with section 3.01, the applicable small entity fee set out in item 32 of Schedule II; and

    • (b) in any other case, the applicable standard fee set out in that item.

  • SOR/2007-90, s. 2.
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