The Canadian Intellectual Property Office (CIPO) would like to remind applicants who encountered major disruptions, such as natural disasters and wars, of the legal provisions which may be available to them to minimize the loss of rights. While CIPO cannot provide for additional measures than those currently specified in law, Canadian intellectual property legislation, regulation and practice do offer, in some circumstances, the possibility of extension and/or reinstatement.
The specific provisions are detailed below. Please refer to the appropriate section for further information:
Patents
- Restoration of Right of Priority – see subsection 28.4(6) of the Patent Act as well as section 77 and section 78 of the Patent Rules (for further information please see Manual of Patent Office Practice section 7.06.02)
- Extensions of time – see section 3 , section 4 and section 131of the Patent Rules (for further information please see Manual of Patent Office Practice section 2.03.03)
- Reinstatement – see subsection 73(3) of the Patent Act and section 133 of the Patent Rules (for further information please see Manual of Patent Office Practice section 9.03)
- PCT international phase – see PCT Rule 82quater (for further information please see Manual of Patent Office Practice section 33.08)
Trademarks
- Priority period – see section 34 of the Trademarks Act
- Extensions of time – see subsection 47(1) of the Trademarks Act, and Practice Notices "Extensions of Time in Examination", "Extensions of time due to force majeure for priority and renewal", "Practice in Trademark Opposition Proceedings" and "Practice in Section 45 Proceedings"
- Retroactive extension – see subsection 47(2) of the Trademarks Act
Industrial Designs
- Priority period – see section 8.1 of the Industrial Design Act as well as subsection 26(2) of the Industrial Design Regulations
- Reinstatement of application – see subsection 22(7) of the Industrial Design Regulations
- Extension of time – see subsection 22(4) and subsection 27(4) of the Industrial Design Regulations