Patent Rules

Marginal note:Refund of fees

• 139 (1) Only the following fees may be refunded by the Commissioner:

  • (a) [Repealed, SOR/2021-131, s. 21]

  • (b) any fee, other than the fee referred to in subsection 27(2) of the Act, paid in respect of an application, other than a PCT national phase application, that was filed through inadvertence, accident or mistake and that was withdrawn not later than the fourteenth day after the earliest date on which the Commissioner received any document or information in respect of that application under subsection 28(1) of the Act or, in the case of a divisional application, not later than the fourteenth day after the earliest date on which the Commissioner received any document or information referred to in subsection 103(1) in respect of that application;

  • (c) any fee, other than the fee set out in any of items 16 to 21 of Schedule 2, paid in respect of an international application, if one or more of the requirements for entry into the national phase were met in respect of the application through inadvertence, accident or mistake and, if the international application has become a PCT national phase application, that PCT national phase application was withdrawn not later than the fourteenth day after its national phase entry date;

  • (d) a fee paid in respect of a request for the registration of a document relating to a patent or an application for a patent, if the fee is received but the document is not submitted;

  • (e) a fee paid for advertising on the website of the Canadian Intellectual Property Office an application presented to the Commissioner under section 65 of the Act, if the application was not advertised on that website;

  • (f) a fee paid in respect of a request for a copy of a document if the request is withdrawn before the copy is made;

  • (g) a fee paid in respect of a request for a copy of a document, if the Patent Office does not have that document;

  • (h) any overpayment of a fee;

  • (i) any fee paid, if payment of the fee is waived by the Commissioner;

  • (j) a fee paid under subsection 85.1(3) for the continued examination of an application for a patent, if the fee was paid in response to a notice referred to in subsection 85.1(6); and

  • (k) any fee that is to be refunded under these Rules.

• Marginal note:Request

  (2) The Commissioner must not give a refund under any of paragraphs (1)(a) to (h) unless a request for the refund is received not later than three years after the day on which the fee was paid.