Patent Act

Marginal note:Deemed abandonment of applications

• 73 (1) An application for a patent in Canada shall be deemed to be abandoned if the applicant does not

  • (a) reply in good faith to any requisition made by an examiner in connection with an examination, within six months after the requisition is made or within any shorter period established by the Commissioner;

  • (b) comply with a notice given pursuant to subsection 27(6);

  • (c) pay the fees payable under section 27.1, within the time provided by the regulations;

  • (d) make a request for examination or pay the prescribed fee under subsection 35(1) within the time provided by the regulations;

  • (e) comply with a notice given under subsection 35(2); or

  • (f) pay the prescribed fees stated to be payable in a notice of allowance of patent within six months after the date of the notice.

• 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) An application deemed to be abandoned under this section shall be reinstated if the applicant

  • (a) makes a request for reinstatement to the Commissioner within the prescribed period;

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

  • (c) pays the prescribed fee before the expiration of the prescribed period.

• Marginal note:Amendment and re-examination

  (4) An application that has been abandoned pursuant to paragraph (1)(f) and reinstated is subject to amendment and further examination.

• Marginal note:Original filing date

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