Abandonment and Reinstatement   copyright 1997, 1998 Donald M. Cameron, Aird & Berlis Cameron's Canadian Patent & Trade Secrets Law: Home Page; Index

Patent Act, s. 73 Patent Rules, s. 97, 98 (1996-); 151 [89-96 appns.]

Abandonment

Failure to reply in good faith to a requisition by an Examiner within the required time limit also rsults in abandonment of the application [Patent Act, s. 73.1(a)]

Reinstatement

Patent Act s. 73(3)

To bring an abandoned patent application back to life, the application must be "reinstated".

An application is reinstated if, within 12 months of the date the Application was deemed to be abandoned, with respect to the event that triggered the abandonment, the Applicant: ·

• Makes a Request for Reinstatement to the Commissioner;
• Takes the action that should have been taken to avoid the abandonment; and
• Pays the Reinstatement fee of $200 (Schedule II Part I, Item 7). [Patent Act s. 73(3)].

Affidavits are no longer required.

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