Determinations related to due care

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
3075053
  • Isolated human error
  • Lack of knowledge
 2023-08-14 Due care not taken
  • No response to initial refusal letter
2845346
  • Illness and death in family
 2023-08-14 Due care not taken
  • No response to initial refusal letter
2713596
  • Failure to receive activation code for online payment
 2023-08-14 Due care not taken
  • No response to initial refusal letter
2764999
  • COVID-19
  • Failure by US agent to communicate
 2023-10-16 Due care not taken
2831406
  • Lack of information from previous owner
  • Lack of resources
 2023-10-16 Due care not taken
2850768
  • Lack of information
  • Agent Error
 2023-08-23 Due care not taken
  • No response to initial refusal letter
3015037
  • Applicant Error
  • Lack of Knowledge
  • Lack of information
 2023-08-14 Due care not taken
  • No response to initial refusal letter
2774860
  • Patentee illness
  • Patentee error
  • Lack of information
 2023-08-03 Due care not taken
  • No response to initial refusal letter
2834412
  • Isolated human error
 2023-10-27 Due care taken
2851923
  • Isolated human error
 2023-10-31 Due care not taken
3125251
  • Lack of knowledge
 2023-09-27 Due care not taken
2433911
  • Heath concerns
 2023-07-20 Due care not taken
  • No response to initial refusal letter
2662033
  • Human error
 2023-07-26 Due care not taken
  • No response to initial refusal letter
3092423
  • Applicant-Agent error
 2023-06-20 Due care not taken
  • No response to initial refusal letter
3071413
  • Agent illness
 2023-10-03 Due care taken
2664970
  • Miscommunication
  • Patentee-Agent Error
 2023-06-30 Due care not taken
  • No response to initial refusal letter
2848351
  • Lack of information
  • Applicant-Agent Error
 2023-07-19 Due care not taken
  • No response to initial refusal letter
3114938
  • Lack of information
  • Applicant-Agent Error
 2023-07-28 Due care not taken
  • No response to initial refusal letter
3092423
  • Isolated human error
 2023-10-06 Due care taken
2894791
  • Other externality
 2023-08-24 Due Care taken
2901494
  • Isolated technical error
 2023-08-23 Due Care taken
2904457
  • Notice not forwarded to patentee
 2023-08-04 Due care not taken
2782267
  • Notice not forwarded to patentee
 2023-08-04 Due care not taken
2489427
  • Notice not tasked
 2023-08-03 Due care not taken
2871814
  • Docketing system error
 2023-06-14 Due care not taken
2887037
  • Isolated human error
 2023-06-14 Due care taken
3098467
  • Docketing system error
 2023-08-04 Due care not taken
2639394
  • Notice not actioned
 2023-08-04 Due care not taken
2710915
  • Force majeure
 2023-07-26 Due care taken
3113197
  • Legally prevented from paying
 2023-06-30 Due care not taken
2958646
  • COVID-19
 2023-05-25 Due care not taken
  • No response to initial refusal letter
2745052
  • Misunderstanding of due date
 2023-06-29 Due care not taken
2937126
  • Human error in docketing system
 2023-05-08 Due care not taken
  • No response to initial refusal letter
3004562
  • Typographical error
 2023-07-25 Due care taken
2850632
  • Isolated human error
 2023-08-25 Due care not taken
2958456
  • Economic circumstances relating to COVID-19
 2023-05-25 Due care not taken
  • No response to initial refusal letter
2831961
  • Communication failure
 2023-05-17 Due care not taken
  • No response to initial refusal letter
3050488
  • Waiting for correspondence from CIPO
 2023-06-02 Due care not taken
  • No response to initial refusal letter
2973724
  • Change of staff
 2023-06-02 Due care not taken
  • No response to initial refusal letter
3018464
  • Applicant's lack of experience with payment system
 2023-02-17 Due care not taken
3015329
  • Notice not actioned
 2023-07-19 Due care not taken
  • No response to initial refusal letter
2915078
  • Unintentional non-payment
 2023-07-19 Due care not taken
  • No response to initial refusal letter
2549285
  • No explanation
 2023-05-08 Due care not taken
  • No response to initial refusal letter
3067347
  • Employee illness
 2023-03-27 Due care not taken
  • No response to initial refusal letter
2588254
  • Lack of knowledge of amount owed
 2023-05-10 Due care not taken
  • No response to initial refusal letter
3046024
  • Illness and lack of contingency
 2023-05-10 Due care not taken No response to initial refusal letter
2995148
  • Applicant-agent miscommunication
 2023-07-26 Due care not taken
  • No response to initial refusal letter
3135624
  • Computer error-information lost
 2023-07-19 Due care not taken
  • No response to initial refusal letter
2460833
  • Technical error in docketing system
 2023-07-26 Due care taken
2641231
  • External and unforeseeable action by financial institution
 2023-04-18 Due care taken
2749959
  • Absence of Patentee
 2023-04-13 Due care not taken
2961441
  • Other externality
 2023-05-08 Due care taken
2929269
  • Patentee or Agent Staff Error
 2023-05-08 Due care not taken
2494467
  • Other externality
 2023-05-17 Due care taken
3035588
  • Applicant Error/ Insufficient information to make a determination
 2023-05-17 Due care not taken
3039279
  • Isolated human error
 2023-05-17 Due care taken
2494467
  • Other externality
 2023-05-17 Due care taken
3035588
  • Applicant Error/ Insufficient information to make a determination
 2023-05-17 Due care not taken
3039279
  • Isolated human error
 2023-05-17 Due care taken
2942585
  • Patentee Error/ Operational Capacity
 2023-05-29 Due care not taken
3089747
  • Agent and Applicant Error/ Other Externality
 2023-05-29 Due care not taken
2639301
  • Patentee Error/ Insufficient Information to make a determination
 2023-05-29 Due care not taken
2803473
  • Patentee Error
 2023-06-02 Due care not taken
3040139
  • Isolated technical error
 2023-06-01 Due care taken
3069694
  • Applicant error
 2023-06-02 Due care not taken
2794571
  • Patentee error
 2023-04-15 Due care not taken
  • No response to initial refusal letter
3092791
  • Applicant Error
 2023-06-05 Due care not taken
3078638
  • Applicant Error/ Lack of information to make a determination
 2023-06-06 Due care not taken
2859991
  • Local Agent Error/ Lack of information to make a determination
 2023-06-14 Due care not taken
2926031
  • Applicant Illness
 2023-06-16 Due care taken
2841067
  • COVID-19
  • Lack of knowledge
  • Lack of financing
 2023-04-28 Due care not taken
3016457
  • Isolated human error
 2023-05-08 Due care taken
2759366
  • Isolated human error
 2023-05-08 Due care taken
2993581
  • Isolated error by agent's assistant
  • COVID-19
 2023-05-09 Due care taken
2832777
  • Isolated error by agent's staff
 2023-05-16 Due care taken
2806592
  • Agent error
  • Applicant error/Other externality
 2023-05-29 Due care not taken
3052809
  • Isolated human error
 2023-05-29 Due care taken
3043082
  • Hardware failure with mobile phone
 2023-04-03 Due care not taken
  • No response to initial refusal letter
3065943
  • Difficulties with CIPO's online services
 2023-04-03 Due care not taken
  • No response to initial refusal letter
2552448
  • Misunderstanding relating to who will pay the fee
 2023-04-03 Due care not taken
  • No response to initial refusal letter
3033867
  • Owner not in possession of application
 2023-05-08 Due care not taken
2861185
  • Internal miscommunications
 2023-05-08 Due care not taken
2634207
  • Courtesy deemed expired letter never received
 2023-05-08 Due care not taken
2900604
  • Isolated human error
 2023-04-03 Due care not taken
2739817
  • No explanation
 2023-02-10 Due care not taken
2675434
  • Financial situation
 2023-02-10 Due care not taken
2617567
  • Distracted due to personal issues
 2023-02-10 Due care not taken
2773657
  • COVID-19
 2023-01-10 Due care not taken
2846187
  • COVID-19
 2022-01-10 Due care not taken
2846187 (2nd request)
  • COVID-19
 2023-02-24 Due care not taken
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
 Due care not taken
2841067
  • COVID 19
  • Lack of financing
 Due care not taken
  • No response to initial refusal letter
2606432
  • Submission failure
 Due care not taken
  • No response to initial refusal letter
2951696
  • Isolated human error
 Due care taken
3072146
  • Communication failure between agent and applicant
 Due care not taken
  • No response to initial refusal letter
2964536
  • Isolated docketing error
 Due care not taken
  • No response to initial refusal letter
2955709
  • Isolated docketing error
 Due care not taken
  • No response to initial refusal letter
2504594
  • Lack of knowledge
 Due care not taken
  • No response to initial refusal letter
2493543
  • Isolated human error
  • COVID 19
 Due care not taken
  • No response to initial refusal letter
2477564
  • Mail delivery failure
  • COVID 19
 Due care not taken
  • No response to initial refusal letter
2985568
  • Challenges in personal life
  • COVID 19
 Due care not taken
  • No response to initial refusal letter
3059070
  • Staff changes
 Due care not taken
  • No response to initial refusal letter
2989415
  • Staff changes
 Due care not taken
  • No response to initial refusal letter
2753870
  • Bankruptcy proceedings
 Due care not taken
  • No response to initial refusal letter
2981795
  • Isolated human error
 Due care not taken
  • No response to initial refusal letter
3024933
  • Communication failure
 Due care not taken
  • No response to initial refusal letter
2585256
  • Communication failure between patent owner and party responsible for paying the fees
 Due care not taken
  • No response to initial refusal letter
2594003
  • Isolated human error
 Due care not taken
  • No response to initial refusal letter
3105526
  • Isolated human error
 Due care not taken
  • No response to initial refusal letter
3053126
  • Communication failure between applicant and annuity service provider
 Due care not taken
  • No response to initial refusal letter
2874342
  • Isolated human error
 Due care taken
2997708
  • Disruption caused by COVID-19 pandemic
  • Human error
  • Docketing error

Due care not taken

  • No response to initial intent to refuse letter
2620032
  • Patentee-third party annuity firm miscommunication

Due care not taken

  • No response to initial intent to refuse letter
2958223
  • COVID 19
  • Lack of staff
 Due care not taken
2667806
  • Isolated human error
 Due care not taken
2849524
  • Isolated human error
 Due care not taken
2952152
  • Isolated human error
 Due care not taken
2690767
  • Communication failure between agent and patentee
 Due care not taken
2788878
  • Illness of an employee
 Due care not taken
  • No response to initial intent to refuse letter
2797137
  • Isolated human error
 Due care not taken
  • No response to initial intent to refuse letter
2875179
  • Agent-patentee miscommunication
  • Disruptions caused by the Covid-19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
3033867
  • Lack of financing
 Due care not taken
  • No response to initial intent to refuse letter
2946129
  • Disruptions caused by the Covid-19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2839056
  • Agent-patentee miscommunication
  • Disruptions caused by the Covid-19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2690013
  • Agent-patentee miscommunication
  • Disruptions caused by the Covid-19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2690004
  • Agent-patentee miscommunication
  • Disruptions caused by the Covid-19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2963857
  • Agent-patentee miscommunication
  • Disruptions caused by the Covid-19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
3093564
  • Isolated docketing
  • Isolated human error
 Due care not taken
  • No response to initial intent to refuse letter
2610929
  • Isolated error by agent's staff
 Due care taken
2758892
  • Isolated error by agent's staff
 Due care not taken
2842972
  • Isolated error by agent's staff
 Due care not taken
2909481
  • Insufficient demonstration of due care
  • Lack of Knowledge
 Due care not taken
3074955
  • Applicant-Agent Miscommunication/Applicant Staff Error
  • Absence due to illness
 Due care not taken
2722073
  • Patentee absence from office
 Due care not taken
2633163
  • Error by the Patentee, the U.S.-based representative's Staff
 Due care not taken
2988243
  • Error by the Patentee
  • Error by the Agent/ Agent Illness
 Due care not taken
3036864
  • Disruption caused by COVID 19 pandemic
  • Lack of Knowledge
  • Lack of Financing
 Due care not taken
3007122
  • Agent/ Applicant Error
  • Lack of Knowledge
 Due care not taken
3001483
  • Agent/ Applicant Staff Error
 Due care not taken
2968470
  • Agent/ Applicant Staff Error
 Due care not taken
2934273
  • Applicant Staff Error/ US-based Representative Staff Error
 Due care not taken
2694106
  • Human Error by the Applicant Himself
 Due care not taken
2817335
  • Lack of knowledge
  • Agent-Patentee staff error
 Due care not taken
2939112
  • Isolated Human Error
 Due care taken
3002733
  • Agent-applicant staff error
  • Lack of knowledge
 Due care not taken
  • No response to initial intent to refuse letter
2842289
  • Disruption caused by COVID 19 pandemic
  • Isolated human error
 Due care taken
3017199
  • Covid-19 and bank processing delays
 Due care not taken
  • No response to initial intent to refuse letter
2517744
  • Human error
 Due care not taken
  • No response to initial intent to refuse letter
2801823
  • Disruption caused by COVID 19 pandemic
  • Isolated human error
 Due care taken
2880211
  • Payment was made on the incorrect file
 Due care not taken
  • No response to initial intent to refuse letter
2511351
  • Human error
 Due care taken
2899408
  • Human error
 Due care taken
2513260
  • Lack of understanding on payment of maintenance fees
 Due care not taken
  • No response to initial intent to refuse letter
2822542
  • System malfunction resulting in failure to pay the maintenance fee
 Due care not taken
  • No response to initial intent to refuse letter
2961870
  • Docketing error
 Due care not taken
  • No response to initial intent to refuse letter
3019191
  • Previous owner- applicant miscommunication
 Due care not taken
  • No response to initial intent to refuse letter
2889292
  • Agent-applicant miscommunication
 Due care not taken
  • No response to initial intent to refuse letter
2694837
  • Lack of knowledge
 Due care not taken
  • No response to initial intent to refuse letter
2620859
  • Covid-19 pandemic
 Due care not taken
No response to initial intent to refuse letter
3002733
  • Agent-applicant staff error
 Due care not taken
  • No response to initial intent to refuse letter
2874233
  • Force Majeure
 Due care not taken
  • No response to initial intent to refuse letter
2893964
  • Agent-applicant staff error
 Due care not taken
  • No response to initial intent to refuse letter
2915059
  • Disruption caused by COVID 19 pandemic
  • Loss of financing
 Due care not taken
  • No response to initial intent to refuse letter
2987746
  • Applicant error
  • Misplaced documents
 Due care not taken
  • No response to initial intent to refuse letter
3054196
  • Isolated human error
 Due care not taken
  • No response to initial intent to refuse letter
2738841
  • Indicated a reminder from the Office was not sent
 Due care not taken
  • No response to initial intent to refuse letter
2862859
  • Human error
 Due care taken
2979729
  • Disruption caused by COVID 19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2775858
  • Patentee-third party annuity firm miscommunication
 Due care not taken
  • No response to initial intent to refuse letter
2522665
  • Covid-19 pandemic
  • Human error
 Due care not taken
  • No response to initial intent to refuse letter
3010276
  • Difficulties with online system
 Due care not taken
  • No response to initial intent to refuse letter
2477759
  • Agent-patentee miscommunication
 Due care not taken
  • No response to initial intent to refuse letter
2916539
  • Disruption caused by COVID 19 pandemic
  • Loss of computer data
 Due care not taken
  • No response to initial intent to refuse letter
2990758
  • Agent-patentee miscommunication
 Due care not taken
  • No response to initial intent to refuse letter
3010009
  • Agent-applicant miscommunication
 Due care not taken
  • No response to initial intent to refuse letter
2769853
  • Lack of knowledge
  • Docketing error
 Due care not taken
  • No response to initial intent to refuse letter
2990931
  • Disruption caused by COVID 19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2941166
  • Work disruption caused by COVID 19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2949767
  • Agent-applicant miscommunication
 Due care not taken
  • No response to initial intent to refuse letter
2786674
  • Agent-applicant error
  • Lack of knowledge
  • Miscommunication between agent and applicant
 Due care not taken
  • No response to initial intent to refuse letter
2818873
  • Agent-applicant staff error
  • Miscommunication between agent and applicant
 Due care not taken
  • No response to initial intent to refuse letter
2970979
  • Isolated human error
 Due care not taken
  • No response to initial intent to refuse letter
2860307
  • Work disruptions caused by the Covid-19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2860298
  • Work disruptions caused by the Covid-19 pandemic
 Due care not taken
  • No response to initial intent to refuse letter
2827799
  • Covid-19 pandemic
 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.
 Due care not taken
No response to initial intent to refuse letter
2621930
  • Lack of financing
 Due care not taken
  • No response to initial intent to refuse letter
2496204
  • Agent-applicant absence from office or illness
 Due care not taken
  • No response to initial intent to refuse letter
2956605
  • Agent-applicant error
 Due care not taken
  • No response to initial intent to refuse letter
3012745
  • Agent-applicant staff error
 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.

Related links

Date modified: