Track changes for MOPOP revised in January 2024 update

1. two months from receipt of the earliest document or information required for establishing a filing date or, if a notice is sent under subsection 28(2) Patent Act, two months after the date of the notice; and,
2. the filing date.

1. two months from receipt of the earliest document or information required for establishing a filing date or, if a notice is sent under subsection 28(2) Patent Act, the earlier of:
   1. two months after the date of the notice; and
   2. six months after receipt of the earliest document or information required for establishing a filing date; and
2. the filing date.

• One prescribed fee payment of $100

• One prescribed fee payment.

• payment of the $100 prescribed fee

• Payment of the prescribed fee.

• payment of the $100 prescribed fee

• Payment of the prescribed fee.

• payment of the $100 prescribed fee.

• Payment of the prescribed fee.

If the full required maintenance fee is not paid on or before the anniversary date, a prescribed late fee of $150 will also need to be paid (paragraph 27.1(2)(a) of the Patent Act, and section 70 of the Patent Rules). A Commissioner's Notice under paragraph 27.1(2)(b) of the Patent Act will be sent to the applicant shortly after the maintenance fee due date. If no payment is made before the anniversary date, the late fee is owed, regardless of whether a notice was sent. The notice will require the applicant to pay the maintenance fee and the late fee before the later of:

• six months after the maintenance fee due date (the anniversary of the filing date); or
• two months after the date of the notice.

If the full required maintenance fee is not paid on or before the anniversary date, a prescribed late fee will also need to be paid (paragraph 27.1(2)(a) of the Patent Act, and section 70 of the Patent Rules). A Commissioner's Notice under paragraph 27.1(2)(b) of the Patent Act will be sent to the applicant shortly after the maintenance fee due date. If no payment is made before the anniversary date, the late fee is owed, regardless of whether a notice was sent. The notice will require the applicant to pay the maintenance fee and the late fee before the later of:

• six months after the maintenance fee due date (the anniversary of the filing date); or
• two months after the date of the notice.

All maintenance fees between the filing date and the presentation date of the divisional are due on the presentation date. If they are not paid by that date, a Commissioner's Notice under paragraph 27.1(2)(b) of the Patent Act will be sent requiring them to be paid along with a single late fee of $150 before the later of six months after the presentation date or two months after the date of the notice.

All maintenance fees between the filing date and the presentation date of the divisional are due on the presentation date. If they are not paid by that date, a Commissioner's Notice under paragraph 27.1(2)(b) of the Patent Act will be sent requiring them to be paid along with a single late fee before the later of six months after the presentation date or two months after the date of the notice.

The Patent Rules defines a small entity as one that employs 50 or fewer employees or that is a university. This does not include:

• an entity that is controlled directly or indirectly by an entity, other than a university, that has more than 50 employees
• an entity that has transferred or licensed, or has an obligation other than a contingent obligation, to transfer or license, any right in a claimed invention to an entity, other than a university, that has more than 50 employees

The Patent Rules defines a small entity as one that employs fewer than 100 employees or that is a university. This does not include:

• an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more
• an entity that has transferred or licensed, or has an obligation other than a contingent obligation, to transfer or license, any right in a claimed invention to an entity, other than a university, that has 100 employees or more

In accordance with subsection 139(2) of the Patent Rules, the Commissioner does not issue refunds under paragraphs 139(1)(a) to (h) if the request for a refund is received later than three years after the day on which the fee was paid.

In accordance with subsection 139(2) of the Patent Rules, the Commissioner does not issue refunds under paragraphs 139(1)(b) to (h) if the request for a refund is received later than three years after the day on which the fee was paid.

Maintenance fees for a particular application or patent that are paid in advance are not eligible to be refunded, with the exception of those eligible for a refund under paragraph 139(1)(b) of the Patent Rules.

If a request for examination is not received within the prescribed time limit a late fee of $150 will be required in addition to the examination fee (s35(3)(a) of the Patent Act, and section 82 of the Patent Rules) irrespective of any mailing of a Commissioner's Notice. The Commissioner's Notice under paragraph 35(3)(b) of the Patent Act will be sent to the applicant shortly after the due date. The notice will require the applicant to make the request and pay the request for examination fee, including the excess claim fee owing (see section 11.01.01) and the late fee before the end of two months after the date of the notice.

If a request for examination is not received within the prescribed time limit a late fee will be required in addition to the examination fee (s35(3)(a) of the Patent Act, and section 82 of the Patent Rules) irrespective of any mailing of a Commissioner's Notice. The Commissioner's Notice under paragraph 35(3)(b) of the Patent Act will be sent to the applicant shortly after the due date. The notice will require the applicant to make the request and pay the request for examination fee, including the excess claim fee owing (see section 11.01.01) and the late fee before the end of two months after the date of the notice.

If a patent is granted on the basis of a patent application for which a maintenance fee for an anniversary of the filing date that fell within the 12-month period was not paid before the day on which the patent was issued, the amount of that unpaid maintenance fee will be added to the first maintenance fee after the patent is granted. A late fee of $150 will also be required (subsection 112(5) of the Patent Rules).

If a patent is granted on the basis of a patent application for which a maintenance fee for an anniversary of the filing date that fell within the 12-month period was not paid before the day on which the patent was issued, the amount of that unpaid maintenance fee will be added to the first maintenance fee after the patent is granted. A late fee will also be required (subsection 112(5) of the Patent Rules).

If the full required maintenance fee is not paid on or before the anniversary date, a late fee of $150 will also need to be paid (paragraph 46(2)(a) of the Patent Act and section 115 of the Patent Rules). A Commissioner's Notice under paragraph 46(2)(b) of the Patent Act will be sent to the patentee shortly after the maintenance fee due date. The notice will require the patentee to pay the maintenance fee and the late fee before the later of:

• six months after the maintenance fee due date (the anniversary of the filing date); or
• two months after the date of the notice.

If the full required maintenance fee is not paid on or before the anniversary date, a late fee will also need to be paid (paragraph 46(2)(a) of the Patent Act and section 115 of the Patent Rules). A Commissioner's Notice under paragraph 46(2)(b) of the Patent Act will be sent to the patentee shortly after the maintenance fee due date. The notice will require the patentee to pay the maintenance fee and the late fee before the later of:

• six months after the maintenance fee due date (the anniversary of the filing date); or
• two months after the date of the notice.