Extension of the pilot project - change in procedures at the Patent Appeal Board

The Patent Appeal Board (PAB) will continue the pilot project related to the review of rejected patent applications until March 31, 2024, previously announced in December 2021. As mentioned in section 26.07.01 of the Manual of Patent Office Practice, a panel of three members from the PAB typically assists the Commissioner of Patents in reviewing rejected applications. However, for the duration of the pilot project, rejected patent applications from all disciplines that are referred to the PAB for review will be assigned to a single member of the PAB if, at the time of rejection, they contain only defects relating to one or more of the following:

  • section 2Footnote * and/or subsection 27(8) of the Patent Act ;
  • subsection 27(4) of the Patent Act ;
  • the Patent Rules.

All other procedures at the PAB will remain unchanged.

If you have questions, please contact Lewis Robart.

Related links