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  • (a) [Repealed, SOR/2021-131, s. 21]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other than a PCT national phase application, that was filed through inadvertence, accident or mistake and that was withdrawn not later than the fourteenth day after the earliest date on which the Commissioner received any document or information in respect of that application under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if the international application has become a PCT national phase application, that PCT national phase application was withdrawn not later than the fourteenth day after its national phase entry date;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  • (f) a fee paid in respect of a request for a copy of a document if the request is withdrawn before the copy is made;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;

  • (g.1) a fee paid for an application for an additional term made under paragraph 46.1(1)(c) of the Act, if the Commissioner dismisses the application because the patentee did not comply with that paragraph;

  • (g.2) a fee paid to maintain in effect the rights accorded by a patent in effect under subsection 46.2(1) of the Act, if the payment is made on or before the date of the dismissal under subsection 117.01(8) of these Rules;

  • (g.3) a fee paid for the examination of an application for a patent under subsection 35(1) of the Act, a fee paid to maintain an application for a patent in effect under subsection 27.1(1) of the Act or a final fee paid under subsection 87(1) of these Rules if

    • (i) the application for a patent has been deemed to be abandoned,

    • (ii) the payment of the fee is made on or after the day on which the applicant met all the conditions in paragraph 73(3)(a) of the Act in respect of that abandonment, and

    • (iii) the application is not reinstated because the requirements under paragraph 73(3)(b) of the Act in respect of that abandonment are not met;

  • (g.4) a fee is paid to maintain the rights accorded by a patent in effect under subsection 46(1) or 46.2(1) of the Act if

    • (i) the term of the patent is deemed expired, the payment is made on or after the day on which the patentee met all the conditions in paragraph 46(5)(a) of the Act and subsection 46(4) of the Act is not deemed to have never produced its effects because the requirement under paragraph 46(5)(b) of the Act is not met, or

    • (ii) the additional period granted under section 46.1 of the Act is deemed expired, the payment is made on or after the day on which the patentee met all the conditions in paragraph 46.2(5)(a) of the Act and subsection 46.2(4) of the Act is not deemed to have never produced its effects because the requirement under paragraph 46.2(5)(b) of the Act is not met;

  • (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.

• Marginal note:Services Fee Act

  (3) The Commissioner must not refund all or part of a fee referred to in subsection (1) that is remitted or is required to be remitted under the Service Fees Act.