On , amendments to the Patent Rules came into force that help to protect applicants and patentees against insufficient fee payments that result from erroneous information provided by the Commissioner. The amendments include:
- A modification to the extension of time provision in subsection 3(4) of the Patent Rules, which relates to insufficient fee payments resulting from erroneous information provided by the Commissioner. Amended subsection 3(4) allows the Commissioner to waive the requirements to submit an application for an extension of time, to identify the source of erroneous information related to a fee amount and a statement.
- New subsection 139.1(1) of the Patent Rules allows the Commissioner to waive the requirement for an applicant or patentee to pay the difference between the amount that was paid and the amount of the fee that was payable when an insufficient fee payment was made and results from erroneous information provided by the Commissioner.
- New subsection 139.1(2) of the Patent Rules allows the Commissioner to create a transition period of up to 4 months after the waiver in subsection 139.1(1) of the Patent Rules for waiving the fee difference for future fee payers that may have relied on the same erroneous information.
These amendments will soon be published in Canada Gazette Part II. A certified copy of the Orders in Council can be obtained free of charge from the Orders in Council Division.
If you have questions regarding these amendments, please contact CIPO's Client Service Centre.