Patent Rules

Marginal note:Prescribed time — request for reinstatement

• 133 (1) For the purposes of paragraph 73(3)(a) of the Act, in respect of a failure to take an action, the prescribed time is 12 months after the day on which the application for a patent is deemed, as a result of that failure, to be abandoned.

• Marginal note:Request for reinstatement — multiple failures

  (2) A request for reinstatement may be made in respect of more than one failure to take an action, if the request is made before the end of the applicable prescribed time that is the first to end.

• Marginal note:Failure to pay certain fees

  (3) If an application for a patent is deemed to be abandoned for failure to pay a fee referred to in subsection 68(1) or (2), 80(1), 85.1(5) or 87(1), the action that should have been taken in order to avoid that abandonment and that the applicant must take before the end of the time prescribed by subsection (1) in order to reinstate the application is

  • (a) the payment of the applicable standard fee; or

  • (b) if the small entity status condition set out in subsection 44(2) is met, the filing of a small entity declaration in respect of the application in accordance with subsection 44(3) and the payment of the applicable small entity fee.

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

  (4) Subsection 3(1) does not apply to the time prescribed by subsection (1).