Re-examination of a granted patent

After your patent is issued, anyone, including you, may ask that one or more claims of your patent be re-examined if new information is brought forward related to the patented invention. This can happen at any time during the term of your patent.

The Commissioner of Patents will appoint a re-examination board to determine if the new information is sufficient to justify a full re-examination. If a full re-examination is justified, the re-examination board will ultimately issue a certificate cancelling, confirming or amending your patent claims.

You may appeal decisions that cancel or amend your claims to the Federal Court of Canada.

The re-examination process is administered by the Patent Appeal Board.

You can't appeal the Commissioner's refusal to set up a re-examination board.