If your patent application becomes abandoned, you need to submit a reinstatement request in order to get it back in good standing. You can reinstate your patent application up to 12 months after the application is first deemed to be abandoned.
For reference, we maintain a list of determinations related to due care made by the Commissioner of Patents.
To reinstate your abandoned application, follow the steps on this page.
If you are already familiar with this process:
On this page
- How a patent application becomes abandoned
- Write your request to the Commissioner
- Submit your letter
- Wait for a response
How a patent application becomes abandoned
Your patent application is deemed abandoned if you don't do the following, within the stated deadlines.
- reply in good faith to an examiner's report by the deadline they provide
- respond to the notice from the Commissioner to pay your maintenance fee or late fee for a patent application by the deadline
- respond to the notice from the Commissioner to make a request for examination and pay the examination and any late fee by the deadline
- comply with a notice from the Commissioner to provide a translation by the deadline
- comply with a notice from the Commissioner to appoint a patent agent by the deadline
- reply in good faith to a notice from the Commissioner to provide further drawings by the deadline
- reply in good faith to a notice of compliance from the Commissioner by the deadline
- pay the final fee in the notice of allowance by the deadline
You must address each and every requirement when requesting patent application reinstatement. See Chapter 9 of MOPOP
1. Write your request to the Commissioner
A request for reinstatement is made by letter. You'll upload this letter as an attachment in your online submission.
Include the following in your request:
- a clear request to have your patent application reinstated
- the reasons for the failure to take the required action that was referred to in the Commissioner's Notice (if applicable)
- See MOPOP at section 9.03.01 for more details about when reasons are required
- Take the action required by each Commissioner's Notice or Examiner's report
- Pay the fee required by each Commissioner's Notice
- Pay the reinstatement fee for each abandonment
If an application is deemed to be abandoned for multiple failures, you can make a single request to reinstate the application if:
- the reinstatement fee is paid for each failure
- all of the actions are taken to rectify all the failures that caused the abandonment
In the case of a single request for multiple failures, the request for reinstatement must be made before the end of the 12 month time limit for the first deemed abandonment.
2. Submit your letter
Use the general correspondence form to send your request to the Commissioner of Patents.
In your request, follow these steps:
- attach your letter
- for each missed notice, attach any required document or information (if applicable)
- for each missed notice, pay the fee for requesting reinstatement of an application deemed to be abandoned
- for each missed notice, pay the late fee
- for each missed notice, pay any other fee required to comply with the notice
You need a My Canada Business Account (formerly known as My ISED Account) to use the general correspondence form.
Don't have an account? Visit the login page and follow the steps to create an account.
3. Wait for a response
The Commissioner will send a response to the request for a reinstatement. If applicable, the response will include the determination with respect to the due care standard.
Learn more about the due care standard in MOPOP section 9.04.
Manual of Patent Office Practice and Patent Act references
- 5.07.02e Reinstatement of an application deemed abandoned for failure to pay maintenance fee
- 9.03 Reinstatement of abandoned patent applications
- 9.04.04 Contents of the request for reinstatement for a patent application deemed to be abandoned due to a failure to pay a maintenance fee and a late fee
- 9.04.05 Contents of the request for reinstatement of a patent application deemed to be abandoned due to a failure to request examination and failure to pay a late fee
- Abandonment and reinstatement of applications