Expedited Examination of Patent Applications: Deadline to reinstate abandoned applications

CIPO wishes to remind applicants and patent agents that in order to preserve their applications' eligibility for expedited examination, applicants whose patent applications are currently abandoned must take the necessary steps to obtain the reinstatement of their applications on or before April 30, 2011.


The Rules Amending the Patent Rules came into force on March 3, 2011, and were published in the Canada Gazette Part II on March 16, 2011.


The Rules Amending the Patent Rules include the following amendments:


1.Introduction of paragraph 28(1)(b), which states that the Commissioner may also expedite the prosecution of an application when the invention is related to green technology.
2.New subsection 28(2), which states that the Commissioner will not advance an application for examination out of its routine order and will return to its routine order any application that has been advanced for examination if, after April 30th 2011, the Commissioner must extend the time fixed for doing anything or if the application has been deemed abandoned in accordance with subsection 73(1) of the Patent Act. These new requirements apply to all patent applications.
In line with the objectives of advanced examination and in accordance with paragraph 73(1)(a) of the Patent Act, the Commissioner has established a time limit of three (3) months to respond to examiners' requisitions with respect to patent applications benefiting from advanced examination under section 28 of the Patent Rules. This reduced time limit, in conjunction with the new and improved Patent Office service standards relating to advanced examination, will allow CIPO to further expedite the prosecution of patent applications.



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