Reverse the deemed expiry of a patent

Your patent is deemed expired when you don't respond to a Commissioner's notice requiring you to pay overdue maintenance fees or late fees within a set deadline.

If your patent is deemed expired, you can request a reversal of the expiry. You must submit your request no later than 12 months after the end of the six months after the original due date of the maintenance fee. This information is shown in section 27.02.03 of MOPOP.

For reference, we maintain a list of determinations related to due care  made by the Commissioner of Patents.

How to request reversal of deemed expiry.

If you are already familiar with this process:

Create a new general correspondence

If you this is your first reversal request, follow the steps below:

On this page

1. Write your request to the Commissioner

A request for reversal is made by writing a letter. You'll upload this letter as an attachment in your online submission.

Include the following in your request:

  • a clear request to reverse the deemed expiry of the patent;
  • the reasons for the failure to pay the prescribed patent maintenance fee and the late fee that was referred to in the Commissioner's Notice
  • payment of the maintenance fee, the late fee and the additional prescribed fee (see CIPO's webpage on Patent Fees).

See Sections 27.03.04 and 27.03.05 of MOPOP.

2. Submit your letter

Use the general correspondence form to send your request to the Commissioner of Patents.

In your request:

  1. attach your letter;
  2. pay the fee for requesting reversal of deemed expiry of a patent;
  3. pay the late fee; and,
  4. pay the appropriate patent maintenance fee

See CIPO's webpage for Patent Fees

You need a My Canada Business Account to use the general correspondence form.

Don't have an account? Visit the login page and follow the steps to create an account.

Create a new general correspondence

3. Wait for a response

The Commissioner will send a response to the request for a reversal of the deemed expiry including the determination with respect to the due care standard.

Learn more about the due care standard in MOPOP section 27.03.