Patent Rules

Marginal note:Prescribed fee

• 134 (1) Subject to subsection (2) and for the purposes of subparagraph 73(3)(a)(iv) of the Act, the prescribed fee is, for each failure to take an action referred to in the request for reinstatement, the fee set out in item 15 of Schedule 2.

• Marginal note:Interpretation — failure to take action

  (2) If both of the following failures to take action are referred to in the request for reinstatement, they are considered to be a single failure to take action:

  • (a) a failure to reply in good faith, within the time referred to in the applicable subsection, to any requisition made by an examiner under subsection 86(2) or (5); and

  • (b) a failure to make a request for continued examination of an application for a patent and pay the prescribed fee in accordance with subsection 85.1(3).