Patent Rules (SOR/2019-251)

Marginal note:Application fee

• 44 (1) For the purposes of subsection 27(2) of the Act, the prescribed application fee is

  • (a) the small entity fee set out in item 6 of Schedule 2, if the small entity status condition set out in subsection (2) is met and a small entity declaration is filed in respect of the application for a patent in accordance with subsection (3),

    • (i) on or before the filing date of the application or, in the case of a divisional application, on or before the presentation date of the divisional application, or

    • (ii) if a notice is required to be given under subsection 27(7) of the Act, before the notice is given or, if the notice has been given, not later than three months after the date of the notice; and

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

• Marginal note:Small entity status condition

  (2) The small entity status condition is that

  • (a) in respect of an application for a patent — other than a PCT national phase application or a divisional application — the applicant of the application on the filing date is, on that date, an entity that has fewer than 100 employees or is a university, other than

    • (i) an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more, or

    • (ii) an entity that has transferred or licensed, or has an obligation other than a contingent obligation to transfer or license, any right or interest in a claimed invention to an entity, other than a university, that has 100 employees or more;

  • (b) in respect of an international application, the applicant of the application on the national phase entry date is, on that date, an entity that has fewer than 100 employees or is a university, other than an entity referred to in subparagraph (a)(i) or (ii); and

  • (c) in respect of a divisional application, the applicable requirements of this subsection are met in respect of the original application.

• Marginal note:Small entity declaration

  (3) A small entity declaration must

  • (a) be filed with the Commissioner in the petition or in a document other than the abstract, the specification or the drawings, that identifies the application for a patent to which the declaration relates;

  • (b) contain a statement to the effect that the applicant believes that the small entity status condition set out in subsection (2) is met in respect of that application for a patent;

  • (c) be signed by a patent agent appointed in respect of that application or

    • (i) if there is a single applicant, the applicant,

    • (ii) if there is a single applicant and a document authorizing a foreign practitioner to sign a small entity declaration is signed by the applicant and submitted to the Commissioner at the same time as the declaration, that foreign practitioner,

    • (iii) if there are joint applicants, any one of the applicants, or

    • (iv) if there are joint applicants and a document authorizing a foreign practitioner to sign a small entity declaration is signed by any one of the applicants and submitted to the Commissioner at the same time as the declaration, that foreign practitioner; and

  • (d) indicate the name of the applicant and, if applicable, the name of the patent agent or the foreign practitioner signing the declaration.

• Marginal note:Non-application of subsection 3(1)

  (4) Subsection 3(1) does not apply in respect of the times referred to in subsection (1).