Patent Rules

Marginal note:Periods prescribed by subsection 128(1)

• 232 (1) For greater certainty, the periods prescribed by paragraph 128(1)(a), (b) or (d) do not include any period that begins less than six months after October 30, 2019.

• Marginal note:Periods prescribed by subsection 128(1)

  (2) A period prescribed by paragraph 128(1)(a) or (b) or paragraph 128(1)(d), as it read immediately before the day on which this subsection comes into force, that began before that day but did not end on or before that day is deemed to have ended on that day if, on or before that day,

  • (a) the small entity fee was paid even though the fee referred to in paragraph 128(1)(a) or that paragraph 128(1)(d) should have been paid, and a small entity declaration was filed in accordance with subsection 112(3) in respect of the patent or in accordance with subsection 44(3) in respect of the application on the basis of which the patent was granted;

  • (b) an insufficient amount was paid for the fee referred to in subsection 80(1) for the examination of the application of the patent and the Commissioner sent a notice to the applicant acknowledging that the request for examination was made in accordance with subsection 35(2) of the Act; or

  • (c) the Commissioner provided erroneous information in writing concerning the amount of a fee referred to in paragraph 128(1)(a) or that paragraph 128(1)(d) and the applicant or patentee paid an insufficient amount that was equal to the amount specified in the erroneous information.