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Patent Rules

Version of section 140 from 2022-10-03 to 2024-02-20:


Marginal note:Waiver of fee — request to correct errors

  •  (1) The Commissioner is authorized to waive the payment of the fee set out in item 24 of Schedule 2 that is payable for a request for a correction if the request is in regard to an error made by the Commissioner and if the Commissioner is satisfied that the circumstances justify it.

  • Marginal note:Waiver of fee — reissue of patent

    (2) The Commissioner is authorized to waive the payment of the fee set out in item 28 of Schedule 2 for filing an application to reissue a patent if the application for reissue is as a result of an error made by the Commissioner and if the Commissioner is satisfied that the circumstances justify it.

  • Marginal note:Waiver of fee — extension of time

    (3) The Commissioner is authorized to waive the payment of the fee set out in item 1 of Schedule 2 that is payable for filing an application for an extension of the time for replying to a requisition made under subsection 86(2) or (5) if

    • (a) the notice sent under subsection 86(2) or (5) was received by the applicant more than one month after the day on which the notice was sent;

    • (b) the applicant applies for the extension within 14 days after the day on which the notice was received and, in that application, provides evidence satisfactory to the Commissioner of the date of receipt of the notice; and

    • (c) the Commissioner is satisfied that the circumstances justify it.

  • SOR/2022-120, s. 31

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