Expedited Examination of Patent Applications Relating to Green Technology: Instructions
From: Canadian Intellectual Property Office
Section 28 of the Patent Rules came into force on March 3, 2011.
Under this rule, examination of a patent application can be advanced in certain situations, including the following:
- An applicant requests such an advancement and submits a declaration that the application relates to technology the commercialization of which would help to resolve or mitigate environmental impacts or conserve the natural environment and resources. No fee is required in this situation.1
How to apply for expedited examination of a patent application relating to green technology
An applicant wishing to take advantage of the expedited examination process must do the following:
- Request expedited examination by submitting a written request to the Patent Office.
- Submit a declaration that states the application relates to technology the commercialization of which would help to resolve or mitigate environmental impacts or conserve the natural environment and resources.
Currently abandoned applications
After April 30th, 2011, examination will not be advanced, or will be returned to regular order if it has been previously advanced if:
- the Commissioner of Patents extends, under subsection 26(1) of the Patent Rules, the time fixed by the Rules or by the Commissioner under the Patent Act for doing anything in respect of the application; or
- the application is deemed to be abandoned under subsection 73(1) of the Patent Act whether or not it is reinstated under subsection 73(3) of the Act.
The Patent Act provides that applications can become abandoned if an applicant fails to take a required action on an application within the prescribed time period. An application may become abandoned for a number of reasons including, but not limited to, the failure to:
- reply in good faith to any requisition of an examiner within the time limit specified;
- complete the application and pay the completion fee within the time limit specified;
- pay the prescribed maintenance fees within the time limit specified; and
- request examination and pay the prescribed fee within the time limit specified.
When an application becomes abandoned, the applicant may reinstate the application within 12 months of the date the application was deemed abandoned by making a request for reinstatement, taking the action that should have been taken in order to avoid the abandonment, and paying the fee set out in item 7 of Part I of Schedule II of the Tariff of Fees in the Patent Rules.
1 Advanced examination only applies if a request for examination was previously made pursuant to subsection 35(1) of the Patent Act and if the application is already open to public inspection under Section 10 of the Patent Act.
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