Patent Rules

Marginal note:Final fee

• 87 (1) The prescribed final fee in respect of an application for a patent is

  • (a) if the small entity status condition set out in subsection 44(2) is met and if a small entity declaration is filed in respect of the application in accordance with subsection 44(3) before the end of the applicable time for the payment of the fee, the sum of the following:

    • (i) the small entity fee set out in paragraph 14(a) of Schedule 2,

    • (ii) the fee set out in paragraph 14(b) of Schedule 2 for each page of specification and drawings in excess of 100 pages other than pages of a sequence listing submitted in electronic form, and

    • (iii) the small entity fee set out in paragraph 14(c) of Schedule 2 for each claim in excess of 20 that is included in the application at any time during the period beginning on the day after the day on which the request for examination is made or, if section 83.1 applies in respect of the application, on the day after the day on which the amendment referred to in that section is made and ending on the day on which the final fee is paid and in respect of which the fee set out in paragraph 10(b) of Schedule 2 was not paid in connection with the request for examination; and

  • (b) in any other case, the sum of the following:

    • (i) the standard fee set out in paragraph 14(a) of Schedule 2,

    • (ii) the fee set out in paragraph 14(b) of Schedule 2 for each page of specification and drawings in excess of 100 pages other than pages of a sequence listing submitted in electronic form, and

    • (iii) the standard fee set out in paragraph 14(c) of Schedule 2 for each claim in excess of 20 that is included in the application at any time during the period beginning on the day after the day on which the request for examination is made or, if section 83.1 applies in respect of the application, on the day after the day on which the amendment referred to in that section is made and ending on the day on which the final fee is paid and in respect of which the fee set out in paragraph 10(b) of Schedule 2 was not paid in connection with the request for examination.

• Marginal note:Claims defined in the alternative

  (1.1) A claim that defines the subject-matter of an invention in the alternative, including a dependent claim within the meaning of section 63 that refers to more than one preceding claim, counts as a single claim for the purposes of subparagraphs (1)(a)(iii) and (b)(iii).

• Marginal note:Claims deemed not included

  (1.2) For the purposes of subparagraphs (1)(a)(iii) and (b)(iii), the claims contained in an amendment to an application for a patent are deemed not to be included in the patent application if

  • (a) the amendment was made in error on or after the day on which this subsection comes into force;

  • (b) the applicant files a statement confirming the error and amends the application to remove the amendment made in error without undue delay after they become aware of the error and before the examiner begins the examination of the amended patent application; and

  • (c) the Commissioner is satisfied that the circumstances justify that the claims not be included.

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

  (2) Subsection 3(1) does not apply in respect of the time referred to in subsection (1).