Patent Rules

Marginal note:Examination fee

• 80 (1) For the purposes of subsection 35(1) of the Act, the prescribed fee for an application for a patent to be examined is

  • (a) the applicable small entity fee set out in item 10 of Schedule 2, if the small entity status condition set out in subsection 44(2) is met and a small entity declaration is filed in respect of the application in accordance with subsection 44(3)

    • (i) within the applicable time prescribed by section 81, or

    • (ii) if a notice is required to be sent under paragraph 35(3)(b) of the Act, before the notice is sent or, if the notice has been sent, before the end of two months after the date of the notice; and

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

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

  (2) Subsection 3(1) does not apply in respect of the times prescribed by subsection (1).