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  1. Patent Rules - SOR/96-423 (SCHEDULE II : Tariff of Fees)
    Rules Respecting the Patent Act

    [...]

    PART I

    Applications

    Column I Column II
    Item Description Fee
    2 On completing an application in response to a requisition under subsection 94(1) of these Rules or on avoiding a deemed abandonment under subsection 148(1) of these Rules 200.00
    4 On requesting the advance of an application for examination under paragraph 28(1)(a) of these Rules 500.00
    5 On filing an amendment under paragraph 32(a) of these Rules, after a notice of allowance is sent under subsection 30(1), (5), (6.2) or (6.3) of these Rules 400.00
    6 Final fee under subsection 30(1), (5), (6.2) or (6.3) of these Rules:
    7 On requesting reinstatement of an application deemed to be abandoned, in respect of each failure to take an action referred to in subsection 73(1) of the Act or section 97 or 151 of these Rules that is the subject of the request 200.00

    PART II

    International Applications

    Column I Column II
    Item Description Fee
    10 Basic national fee under paragraph 58(1)(c) of these Rules:
    11 Additional fee for late payment under subsection 58(3) of these Rules 200.00

    PART IV

    General

    Column I Column II
    Item Description Fee
    21 On requesting registration of a document under section 49 or 50 of the Act, or of the Act as it read immediately before October 1, 1989, or under section 38, 39 or 42 of these Rules, for each patent or application to which the document relates 100.00
    22 On applying for an extension of time under section 26 or 27 of these Rules 200.00
    22.1 Late payment fee under subsection 3.1(1) of these Rules the greater of $50 and 50% of the amount of the fee that has not been paid

    PART VI

    Maintenance Fees

    Column I Column II
    Item Description Fee
    30 For maintaining an application filed on or after October 1, 1989 in effect, under section 99 or 154 of these Rules:
    31 For maintaining the rights accorded by a patent issued on the basis of an application filed on or after October 1, 1989 under section 100, 101, 155 or 156 of these Rules:
    32 For maintaining the rights accorded by a patent issued on or after October 1, 1989 on the basis of an application filed before that date under subsection 182(1) or (3) of these Rules:

    PART VII

    Patent Agents

    Column I Column II
    Item Description Fee
    33 On applying for entry on the register of patent agents under section 15 of these Rules $ 350.00
    34 On notifying the Commissioner, under subparagraph 12(b)(i) of these Rules, of the intention to sit for the whole or any part of the qualifying examination, per paper 200.00
    35 For maintaining the name of a patent agent on the register of patent agents pursuant to paragraph 16(1)(a) of these Rules 350.00
    36 On applying to the Commissioner for reinstatement on the register of patent agents under section 17 of these Rules 200.00

    [...]


  2. Patent Rules - SOR/96-423 (Section 30)
    Rules Respecting the Patent Act

    • 30 (1) Where an examiner, after examining an application, has reasonable grounds to believe that the application complies with the Act and these Rules, the Commissioner shall notify the applicant that the application has been found allowable and shall requisition the payment of the applicable final fee set out in paragraph 6(a) or (b) of Schedule II within the six-month period after the date of the notice.

    • (2) Where an examiner examining an application in accordance with section 35 of the Act or the Act as it read immediately before October 1, 1989 has reasonable grounds to believe that an application does not comply with the Act or these Rules, the examiner shall inform the applicant of the application’s defects and shall requisition the applicant to amend the application in order to comply or to provide arguments as to why the application does comply, within the six-month period after the requisition is made or, except in respect of Part V, within any shorter period established by the Commissioner in accordance with paragraph 73(1)(a) of the Act.

    • (3) Where an applicant has replied in good faith to a requisition referred to in subsection (2) within the time provided but the examiner has reasonable grounds to believe that the application still does not comply with the Act or these Rules in respect of one or more of the defects referred to in the requisition and that the applicant will not amend the application to comply with the Act and these Rules, the examiner may reject the application.

    • (4) Where an examiner rejects an application, the notice shall bear the notation “Final Action” or “Décision finale”, shall indicate the outstanding defects and shall requisition the applicant to amend the application in order to comply with the Act and these Rules or to provide arguments as to why the application does comply, within the six-month period after the requisition is made or, except in respect of Part V, within any shorter period established by the Commissioner in accordance with paragraph 73(1)(a) of the Act.

    • (5) If before the expiry of the period under subsection (4), the applicant amends the application or provides arguments and the examiner has reasonable grounds to believe that the application complies with the Act and these Rules,

      [...]

    • (6) If the applicant amends the application or provides arguments within the time referred to in subsection (4) but, after the expiration of that time, the examiner does not have reasonable grounds to believe that the application complies with the Act and these Rules,

      [...]

    • (6.1) If, during the review of a rejected application, the Commissioner has reasonable grounds to believe that the application does not comply with the Act or these Rules in respect of defects other than those indicated in the Final Action notice, the Commissioner shall inform the applicant of those defects and invite the applicant to submit arguments as to why the application does comply within the time specified by the Commissioner.

    • (6.2) If, after review of a rejected application, the Commissioner determines that the rejection is not justified on the basis of the defects indicated in the Final Action notice and has reasonable grounds to believe that the application complies with the Act and these Rules, the Commissioner shall notify the applicant that the rejection is withdrawn and that the application has been found allowable and shall requisition the payment of the applicable final fee set out in paragraph 6(a) or (b) of Schedule II within the six-month period after the date of the notice of allowance.

    • (6.3) If, after review of a rejected application, the Commissioner determines that the application does not comply with the Act or these Rules, but that specific amendments are necessary, the Commissioner shall notify the applicant that the specific amendments have to be made within three months after the date of the notice. If the applicant complies with that notice, the Commissioner shall notify the applicant that the application has been found allowable and shall requisition the payment of the applicable final fee set out in paragraph 6(a) or (b) of Schedule II within the six-month period after the date of the notice of allowance.

    • [...]

    • (7) If, after a notice of allowance is sent under subsection (1), (5), (6.2) or (6.3) but before a patent is issued, the Commissioner has reasonable grounds to believe that the application does not comply with the Act or these Rules, the Commissioner shall

      [...]

    • (8) Subsection (7) does not apply in respect of an application that has been deemed to be abandoned under section 73 of the Act unless the application has been reinstated in respect of each failure to take an action referred to in subsection 73(1) of the Act or section 97 or 151 of these Rules.

    [...]


  3. Patent Rules - SOR/2019-251 (Section 86)
    Patent Rules
    Marginal note:Notice — application found allowable by examiner

    • 86 (1) If an examiner has reasonable grounds to believe that an application for a patent complies with the Act and these Rules, the Commissioner must by notice inform the applicant that the application has been found to be allowable and require the payment of the final fee set out in item 14 of Schedule 2 not later than four months after the date of the notice.

    • Marginal note:Conditional notice of allowance

      (1.1) If an examiner has reasonable grounds to believe that, but for certain minor defects, an application for a patent would comply with the Act and these Rules, the Commissioner may by notice inform the applicant that the application has been found to be allowable subject to certain amendments being made and require the applicant to, not later than four months after the day on which the notice is sent, make those amendments, or submit arguments as to why the application does comply, and pay the final fee set out in item 14 of Schedule 2.

    • Marginal note:Notice of defects

      (2) If an examiner has reasonable grounds to believe that an application for a patent does not comply with the Act or these Rules, the examiner must by notice inform the applicant of the application’s defects and requisition the applicant to amend the application in order to comply with the Act and these Rules, or to submit arguments as to why the application does comply, not later than four months after the date of the notice.

    • Marginal note:Rejection for defect

      (3) If an applicant replies in good faith to the requisition made under subsection (2), on or before the date set out in subsection (4), but the examiner, after receiving the reply, has reasonable grounds to believe that the application for a patent still does not comply with the Act or these Rules in respect of any of the defects referred to in the requisition and that the applicant will not amend the application to comply with the Act and these Rules, the examiner may reject the application.

    • [...]

    • Marginal note:Final action

      (5) If an examiner rejects an application for a patent, the examiner must send a notice bearing the notation “Final Action” or “Décision finale”, indicating the outstanding defects and requisitioning the applicant to amend the application in order to comply with the Act and these Rules, or to submit arguments as to why the application does comply, not later than four months after the date of the notice.

    • Marginal note:Notice — application found allowable after final action

      (6) If an applicant, on or before the date set out in subsection (8), replies in good faith to a requisition made under subsection (5) and the examiner has reasonable grounds to believe that the application for a patent complies with the Act and these Rules, the Commissioner must by notice inform the applicant that the rejection is withdrawn and the application has been found to be allowable and require the payment of the final fee set out in item 14 of Schedule 2 not later than four months after the date of the notice.

    • Marginal note:Rejection not withdrawn after final action

      (7) If an applicant replies in good faith to a requisition made under subsection (5) on or before the date set out in subsection (8) but, after that date, the examiner still has reasonable grounds to believe that the application for a patent does not comply with the Act or these Rules,

      [...]

    • [...]

    • Marginal note:Additional defects

      (9) If, during the review of a rejected application for a patent, the Commissioner has reasonable grounds to believe that the application does not comply with the Act or these Rules in respect of defects other than those indicated in the final action notice, the Commissioner must by notice inform the applicant of those defects and invite the applicant to submit arguments, not later than one month after the date of the notice, as to why the application does comply.

    • Marginal note:Notice — rejection withdrawn

      (10) If, after review of a rejected application for a patent, the Commissioner has reasonable grounds to believe that the application complies with the Act and these Rules, the Commissioner must by notice inform the applicant that the rejection is withdrawn and that the application has been found to be allowable and require the payment of the final fee set out in item 14 of Schedule 2 not later than four months after the date of the notice.

    • Marginal note:Notice requiring certain amendments

      (11) If, after review of a rejected application for a patent, the Commissioner has reasonable grounds to believe that the application does not comply with the Act or these Rules and certain amendments are necessary in order to make the application allowable, the Commissioner must by notice inform the applicant that those amendments must be made not later than three months after the date of the notice.

    • [...]

    • Marginal note:Withdrawal of notice of allowance

      (14) If, after a notice of allowance is sent but before a patent is issued, the examiner has reasonable grounds to believe that the application for a patent does not comply with the Act or these Rules, the Commissioner must, subject to subsection (14.2),

      • (a) by notice, inform the applicant that the application does not comply with the Act or these Rules and that the notice of allowance is withdrawn; and

    • Marginal note:Withdrawal of conditional notice of allowance — other defects

      (14.1) If, after a conditional notice of allowance is sent but before a patent is issued, the examiner has reasonable grounds to believe that the application for a patent does not comply with the Act or these Rules in respect of defects other than those referred to in that notice, the Commissioner must, subject to subsection (14.2),

      • (a) by notice, inform the applicant that the application does not comply with the Act or these Rules and that the conditional notice of allowance is withdrawn; and

    • [...]

    • Marginal note:Withdrawal of conditional notice of allowance after reply

      (15) If an applicant replies in good faith to a conditional notice of allowance on or before the date set out in subsection (16) but the examiner, after receiving the reply, has reasonable grounds to believe that the application for a patent still does not comply with the Act or these Rules in respect of any of the defects referred to in that notice, the Commissioner must

      • (a) by notice, inform the applicant that the application does not comply with the Act or these Rules and that the conditional notice of allowance is withdrawn; and

    [...]


  4. Patent Rules - SOR/2019-251 (Section 86)
    Patent Rules

    [...]

    Marginal note:Notice — application found allowable by examiner

    • [...]

      86 (1) If an examiner has reasonable grounds to believe that an application for a patent complies with the Act and these Rules, the Commissioner must by notice inform the applicant that the application has been found to be allowable and require the payment of the final fee set out in item 13 of Schedule 2 not later than four months after the date of the notice.

    • [...]

      Marginal note:Notice of defects

      (2) If an examiner has reasonable grounds to believe that an application for a patent does not comply with the Act or these Rules, the examiner must by notice inform the applicant of the application’s defects and requisition the applicant to amend the application in order to comply with the Act and these Rules, or to submit arguments as to why the application does comply, not later than four months after the date of the notice.

    • [...]

      Marginal note:Rejection for defect

      (3) If an applicant replies in good faith to the requisition made under subsection (2), on or before the date set out in subsection (4), but the examiner, after receiving the reply, has reasonable grounds to believe that the application for a patent still does not comply with the Act or these Rules in respect of any of the defects referred to in the requisition and that the applicant will not amend the application to comply with the Act and these Rules, the examiner may reject the application.

    • [...]

    • [...]

      Marginal note:Final action

      (5) If an examiner rejects an application for a patent, the examiner must send a notice bearing the notation “Final Action” or “Décision finale”, indicating the outstanding defects and requisitioning the applicant to amend the application in order to comply with the Act and these Rules, or to submit arguments as to why the application does comply, not later than four months after the date of the notice.

    • [...]

      Marginal note:Notice — application found allowable after final action

      (6) If an applicant, on or before the date set out in subsection (8), replies in good faith to a requisition made under subsection (5) and the examiner has reasonable grounds to believe that the application for a patent complies with the Act and these Rules, the Commissioner must by notice inform the applicant that the rejection is withdrawn and the application has been found to be allowable and require the payment of the final fee set out in item 13 of Schedule 2 not later than four months after the date of the notice.

    • [...]

      Marginal note:Rejection not withdrawn after final action

      (7) If an applicant replies in good faith to a requisition made under subsection (5) on or before the date set out in subsection (8) but, after that date, the examiner still has reasonable grounds to believe that the application for a patent does not comply with the Act or these Rules,

      [...]

    • [...]

    • [...]

      Marginal note:Additional defects

      (9) If, during the review of a rejected application for a patent, the Commissioner has reasonable grounds to believe that the application does not comply with the Act or these Rules in respect of defects other than those indicated in the final action notice, the Commissioner must by notice inform the applicant of those defects and invite the applicant to submit arguments, not later than one month after the date of the notice, as to why the application does comply.

    • [...]

      Marginal note:Notice — rejection withdrawn

      (10) If, after review of a rejected application for a patent, the Commissioner has reasonable grounds to believe that the application complies with the Act and these Rules, the Commissioner must by notice inform the applicant that the rejection is withdrawn and that the application has been found to be allowable and require the payment of the final fee set out in item 13 of Schedule 2 not later than four months after the date of the notice.

    • [...]

      Marginal note:Notice requiring certain amendments

      (11) If, after review of a rejected application for a patent, the Commissioner has reasonable grounds to believe that the application does not comply with the Act or these Rules and certain amendments are necessary in order to make the application allowable, the Commissioner must by notice inform the applicant that those amendments must be made not later than three months after the date of the notice.

    • [...]

    • [...]

      Marginal note:Withdrawal of notice of allowance

      (14) If, after a notice of allowance is sent but before a patent is issued, the Commissioner has reasonable grounds to believe that the application for a patent does not comply with the Act or these Rules, the Commissioner must

      [...]


  5. Patent Rules - SOR/96-423 (Section 190)
    Rules Respecting the Patent Act

    190 These Rules come into force on October 1, 1996.


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