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Patent Act (R.S.C., 1985, c. P-4)

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Act current to 2021-10-07 and last amended on 2021-06-30. Previous Versions

Marginal note:Deemed abandonment of applications

  •  (1) An application for a patent in Canada shall be deemed to be abandoned if

    • (a) the applicant does not reply in good faith, within the prescribed time, to any requisition made by an examiner in connection with an examination;

    • (b) the applicant does not comply with a notice given under subsection 27(6);

    • (c) the prescribed fee and late fee referred to in a notice sent under paragraph 27.1(2)(b) are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice;

    • (d) the request referred to in a notice sent under paragraph 35(3)(b) is not made and the prescribed fee and late fee referred to in that notice are not paid before the end of two months after the date of the notice; or

    • (e) the request referred to in a notice sent under subsection 35(5) is not made and the prescribed fee referred to in that notice is not paid within the prescribed time.

    • (f) [Repealed, 2015, c. 36, s. 62]

  • Marginal note:Deemed abandonment in prescribed circumstances

    (2) An application shall also be deemed to be abandoned in any other circumstances that are prescribed.

  • Marginal note:Reinstatement

    (3) Subject to the regulations, an application that is deemed to be abandoned is reinstated if

    • (a) the applicant, within the prescribed time,

      • (i) makes a request for reinstatement to the Commissioner,

      • (ii) states, in the request, the reasons for the failure to take the action that should have been taken in order to avoid the abandonment,

      • (iii) takes the action that should have been taken in order to avoid the abandonment, and

      • (iv) pays the prescribed fee; and

    • (b) the Commissioner determines that the failure occurred in spite of the due care required by the circumstances having been taken and informs the applicant of this determination.

  • Marginal note:Powers of the Federal Court

    (3.1) The Federal Court may, by order, declare an application that is reinstated under subsection (3) to never have been reinstated if the Federal Court determines either

    • (a) that the statement of the reasons referred to in subparagraph (3)(a)(ii) contains a material allegation that is untrue, or

    • (b) that, if paragraph (3)(b) applies, the failure referred to in subparagraph (3)(a)(ii) did not occur in spite of the due care required by the circumstances having been taken.

  • (4) [Repealed, 2015, c. 36, s. 62]

  • Marginal note:Filing date

    (5) An application that is reinstated retains its filing date.

  • R.S., 1985, c. P-4, s. 73
  • 1993, c. 15, s. 52
  • 2014, c. 39, s. 137
  • 2015, c. 3, s. 138(F)
  • 2015, c. 36, s. 62
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