Determinations related to due care

From: Canadian Intellectual Property Office

The Commissioner of Patents has made a determination for the following applications or patents, when a request was made to reverse the deemed expiry (under subsection 46(5) of the Patent Act) or to reinstate an application (made under subsection 73(3) of the Patent Act).

Determinations related to due care
Application or Patent Number	Reason(s) stated	Final determination date	Final Determination
3005887	Omission of email address	2022-11-01	Due care not taken No response to initial refusal letter
2964795	Human error	2022-11-01	Due care not taken No response to initial refusal letter
2925007	Human error	2022-11-01	Due care not taken No response to initial refusal letter
3033005	Clerical error	2022-11-01	Due care not taken No response to initial refusal letter
2878820	Lack of information	2023-02-10	Due care not taken
3045138	Lack of information	2023-02-10	Due care not taken
2794510	Covid 19 Miscommunication	2023-02-14	Due care not taken
2880211	Agent-Patentee staff error	2023-02-23	Due care not taken
3026510	Error of applicant/Annuity Firm Lack of information	2023-02-23	Due care not taken
2983490	Applicant error Lack of financing Lack of knowledge	2023-02-23	Due care not taken
3034902	Error or omission by previous agent	2023-02-21	Due care not taken
2816686	Personal challenges	2023-02-21	Due care not taken
3009221	Error by the applicant Lack of information	2023-03-03	Due care not taken
2897169	Lack of information Lack of knowledge	2023-03-03	Due care not taken
2992461	Patentee error	2023-03-07	Due care not taken
2610631	Lack of financing	2023-03-20	Due care not taken
3009293	Agent staff error	2023-03-20	Due care not taken
3061501	Applicant staff error	2023-03-20	Due care not taken
2633051	Impacts of weather	2023-03-22	Due care not taken
2748822	Lack of action by US agent	2023-03-21	Due care not taken
2917926	Communication failure	2023-03-21	Due care not taken
3083178	COVID-19 pandemic Political unrest Devaluation of currency	2023-03-21	Due care not taken
3036864	Lack of financing	2022-11-03	Due care not taken
2455616	Patentee-third party annuity firm miscommunication	2023-03-30	Due care not taken
3023577	Miscommunication between US agent and applicant	2023-03-30	Due care not taken
3059448	Isolated technical error	2023-04-04	Due care taken
2937126	Isolated error by agent's assistant	2023-04-11	Due care not taken
3007837	Isolated error by agent's staff	2023-02-22	Due care not taken
3007837	Isolated error by agent's staff	2023-02-24	Due care not taken No response to initial refusal letter
2769715	Isolated human error	2023-02-24	Due care not taken No response to initial refusal letter
2964795	Isolated case of neglect	2023-02-24	Due care not taken No response to initial refusal letter
3005887	Omission of an email address	2023-02-24	Due care not taken No response to initial refusal letter
3066467	Communication failure between persons responsible for paying the fee	2023-02-24	Due care not taken No response to initial refusal letter
3037877	Inaction by applicant	2023-02-24	Due care not taken No response to initial refusal letter
2960807	Applicant illness	2023-02-24	Due care not taken No response to initial refusal letter
3073747	Isolated human error by an assistant	2023-02-24	Due care not taken No response to initial refusal letter
3007705	Isolated human error by an assistant	2023-02-24	Due care not taken No response to initial refusal letter
2960807	Applicant illness	2023-02-24	Due care not taken No response to initial refusal letter
3086398	Negotiations to change ownership	2023-02-24	Due care not taken No response to initial refusal letter
2398944	Disruptions cause by the COVID-19 pandemic	2023-02-24	Due care not taken No response to initial refusal letter
2694837	Lack of experience and knowledge	2023-02-24	Due care not taken No response to initial refusal letter
3004051	COVID-19 pandemic Lack of financing	2023-02-13	Due care not taken No response to initial refusal letter
3034233	Mail processing error	2023-02-13	Due care not taken No response to initial refusal letter
3003523	Lack of financing Deaths in the family	2023-02-13	Due care not taken No response to initial refusal letter
2772340	Patentee and/or Patentee Staff Error	2023-01-06	Due care not taken
2841067	COVID 19 Lack of financing	2022-11-03	Due care not taken No response to initial refusal letter
2606432	Submission failure	2022-11-08	Due care not taken No response to initial refusal letter
2951696	Isolated human error	2023-01-17	Due care taken
3072146	Communication failure between agent and applicant	2022-07-11	Due care not taken No response to initial refusal letter
2964536	Isolated docketing error	2022-02-02	Due care not taken No response to initial refusal letter
2955709	Isolated docketing error	2022-04-13	Due care not taken No response to initial refusal letter
2504594	Lack of knowledge	2022-07-11	Due care not taken No response to initial refusal letter
2493543	Isolated human error COVID 19	2022-07-12	Due care not taken No response to initial refusal letter
2477564	Mail delivery failure COVID 19	2022-07-12	Due care not taken No response to initial refusal letter
2985568	Challenges in personal life COVID 19	2022-08-05	Due care not taken No response to initial refusal letter
3059070	Staff changes	2022-08-05	Due care not taken No response to initial refusal letter
2989415	Staff changes	2022-08-05	Due care not taken No response to initial refusal letter
2753870	Bankruptcy proceedings	2022-09-15	Due care not taken No response to initial refusal letter
2981795	Isolated human error	2022-09-08	Due care not taken No response to initial refusal letter
3024933	Communication failure	2022-10-10	Due care not taken No response to initial refusal letter
2585256	Communication failure between patent owner and party responsible for paying the fees	2022-11-14	Due care not taken No response to initial refusal letter
2594003	Isolated human error	2022-11-25	Due care not taken No response to initial refusal letter
3105526	Isolated human error	2022-11-17	Due care not taken No response to initial refusal letter
3053126	Communication failure between applicant and annuity service provider	2022-11-17	Due care not taken No response to initial refusal letter
2874342	Isolated human error	2022-12-22	Due care taken
2997708	Disruption caused by COVID-19 pandemic Human error Docketing error	2022-03-10	Due care not taken No response to initial intent to refuse letter
2620032	Patentee-third party annuity firm miscommunication	2022-03-30	Due care not taken No response to initial intent to refuse letter
2958223	COVID 19 Lack of staff	2022-11-28	Due care not taken
2667806	Isolated human error	2022-12-13	Due care not taken
2849524	Isolated human error	2022-12-13	Due care not taken
2952152	Isolated human error	2022-12-13	Due care not taken
2690767	Communication failure between agent and patentee	2022-12-20	Due care not taken
2788878	Illness of an employee	2022-06-22	Due care not taken No response to initial intent to refuse letter
2797137	Isolated human error	2022-03-02	Due care not taken No response to initial intent to refuse letter
2875179	Agent-patentee miscommunication Disruptions caused by the Covid-19 pandemic	2022-02-02	Due care not taken No response to initial intent to refuse letter
3033867	Lack of financing	2022-02-17	Due care not taken No response to initial intent to refuse letter
2946129	Disruptions caused by the Covid-19 pandemic	2022-02-02	Due care not taken No response to initial intent to refuse letter
2839056	Agent-patentee miscommunication Disruptions caused by the Covid-19 pandemic	2022-05-13	Due care not taken No response to initial intent to refuse letter
2690013	Agent-patentee miscommunication Disruptions caused by the Covid-19 pandemic	2022-03-21	Due care not taken No response to initial intent to refuse letter
2690004	Agent-patentee miscommunication Disruptions caused by the Covid-19 pandemic	2022-03-21	Due care not taken No response to initial intent to refuse letter
2963857	Agent-patentee miscommunication Disruptions caused by the Covid-19 pandemic	2022-05-31	Due care not taken No response to initial intent to refuse letter
3093564	Isolated docketing Isolated human error	2022-06-14	Due care not taken No response to initial intent to refuse letter
2610929	Isolated error by agent's staff	2022-11-28	Due care taken
2758892	Isolated error by agent's staff	2022-11-17	Due care not taken
2842972	Isolated error by agent's staff	2022-11-17	Due care not taken
2909481	Insufficient demonstration of due care Lack of Knowledge	2022-11-17	Due care not taken
3074955	Applicant-Agent Miscommunication/Applicant Staff Error Absence due to illness	2022-11-09	Due care not taken
2722073	Patentee absence from office	2022-11-03	Due care not taken
2633163	Error by the Patentee, the U.S.-based representative's Staff	2022-11-03	Due care not taken
2988243	Error by the Patentee Error by the Agent/ Agent Illness	2022-11-03	Due care not taken
3036864	Disruption caused by COVID 19 pandemic Lack of Knowledge Lack of Financing	2022-11-02	Due care not taken
3007122	Agent/ Applicant Error Lack of Knowledge	2022-11-01	Due care not taken
3001483	Agent/ Applicant Staff Error	2022-10-26	Due care not taken
2968470	Agent/ Applicant Staff Error	2022-10-19	Due care not taken
2934273	Applicant Staff Error/ US-based Representative Staff Error	2022-09-28	Due care not taken
2694106	Human Error by the Applicant Himself	2022-09-28	Due care not taken
2817335	Lack of knowledge Agent-Patentee staff error	2022-09-16	Due care not taken
2939112	Isolated Human Error	2022-09-15	Due care taken
3002733	Agent-applicant staff error Lack of knowledge	2022-06-15	Due care not taken No response to initial intent to refuse letter
2842289	Disruption caused by COVID 19 pandemic Isolated human error	2022-06-14	Due care taken
3017199	Covid-19 and bank processing delays	2022-05-13	Due care not taken No response to initial intent to refuse letter
2517744	Human error	2022-05-13	Due care not taken No response to initial intent to refuse letter
2801823	Disruption caused by COVID 19 pandemic Isolated human error	2022-04-08	Due care taken
2880211	Payment was made on the incorrect file	2022-03-10	Due care not taken No response to initial intent to refuse letter
2511351	Human error	2022-03-09	Due care taken
2899408	Human error	2022-03-09	Due care taken
2513260	Lack of understanding on payment of maintenance fees	2022-03-01	Due care not taken No response to initial intent to refuse letter
2822542	System malfunction resulting in failure to pay the maintenance fee	2022-03-01	Due care not taken No response to initial intent to refuse letter
2961870	Docketing error	2022-03-01	Due care not taken No response to initial intent to refuse letter
3019191	Previous owner- applicant miscommunication	2022-03-01	Due care not taken No response to initial intent to refuse letter
2889292	Agent-applicant miscommunication	2022-02-25	Due care not taken No response to initial intent to refuse letter
2694837	Lack of knowledge	2022-02-23	Due care not taken No response to initial intent to refuse letter
2620859	Covid-19 pandemic	2022-02-02	Due care not taken No response to initial intent to refuse letter
3002733	Agent-applicant staff error	2022-01-19	Due care not taken No response to initial intent to refuse letter
2874233	Force Majeure	2022-01-19	Due care not taken No response to initial intent to refuse letter
2893964	Agent-applicant staff error	2022-01-19	Due care not taken No response to initial intent to refuse letter
2915059	Disruption caused by COVID 19 pandemic Loss of financing	2022-01-18	Due care not taken No response to initial intent to refuse letter
2987746	Applicant error Misplaced documents	2022-01-18	Due care not taken No response to initial intent to refuse letter
3054196	Isolated human error	2022-01-18	Due care not taken No response to initial intent to refuse letter
2738841	Indicated a reminder from the Office was not sent	2022-01-13	Due care not taken No response to initial intent to refuse letter
2862859	Human error	2021-12-20	Due care taken
2979729	Disruption caused by COVID 19 pandemic	2021-12-17	Due care not taken No response to initial intent to refuse letter
2775858	Patentee-third party annuity firm miscommunication	2021-12-16	Due care not taken No response to initial intent to refuse letter
2522665	Covid-19 pandemic Human error	2021-12-15	Due care not taken No response to initial intent to refuse letter
3010276	Difficulties with online system	2021-12-15	Due care not taken No response to initial intent to refuse letter
2477759	Agent-patentee miscommunication	2021-12-10	Due care not taken No response to initial intent to refuse letter
2916539	Disruption caused by COVID 19 pandemic Loss of computer data	2021-12-10	Due care not taken No response to initial intent to refuse letter
2990758	Agent-patentee miscommunication	2021-12-10	Due care not taken No response to initial intent to refuse letter
3010009	Agent-applicant miscommunication	2021-12-10	Due care not taken No response to initial intent to refuse letter
2769853	Lack of knowledge Docketing error	2021-12-03	Due care not taken No response to initial intent to refuse letter
2990931	Disruption caused by COVID 19 pandemic	2021-08-24	Due care not taken No response to initial intent to refuse letter
2941166	Work disruption caused by COVID 19 pandemic	2021-08-03	Due care not taken No response to initial intent to refuse letter
2949767	Agent-applicant miscommunication	2021-08-03	Due care not taken No response to initial intent to refuse letter
2786674	Agent-applicant error Lack of knowledge Miscommunication between agent and applicant	2021-07-28	Due care not taken No response to initial intent to refuse letter
2818873	Agent-applicant staff error Miscommunication between agent and applicant	2021-07-28	Due care not taken No response to initial intent to refuse letter
2970979	Isolated human error	2021-07-14	Due care not taken No response to initial intent to refuse letter
2860307	Work disruptions caused by the Covid-19 pandemic	2021-07-14	Due care not taken No response to initial intent to refuse letter
2860298	Work disruptions caused by the Covid-19 pandemic	2021-07-14	Due care not taken No response to initial intent to refuse letter
2827799	Covid-19 pandemic	2021-07-14	Due care not taken No response to initial intent to refuse letter
2818869	Communication failure between the applicant, agent and party responsible to pay the Fees.	2021-07-14	Due care not taken No response to initial intent to refuse letter
2621930	Lack of financing	2021-07-10	Due care not taken No response to initial intent to refuse letter
2496204	Agent-applicant absence from office or illness	2021-07-05	Due care not taken No response to initial intent to refuse letter
2956605	Agent-applicant error	2021-07-05	Due care not taken No response to initial intent to refuse letter
3012745	Agent-applicant staff error	2021-07-05	Due care not taken No response to initial intent to refuse letter

You can find correspondence related to a determination by searching the Canadian Patents Database using the application or patent number.

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Determinations related to due care

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