Canadian Patent Fee Amnesty Period Starts February 1

Amendments to the Canadian Patent Act that come into force on February 1, 2006 will provide a 12-month window of opportunity for patent holders and applicants to review the fees paid on their patents and patent applications and make the necessary corrective payments to secure their patent rights.

Bill C-29, An Act to amend the Patent Act, received Royal Assent May 5, 2005 and the new section 78.6 is the Government's response to a court decision holding that a patent application had become irrevocably abandoned because insufficient fees were paid. The Court's decision did not support the prior common understanding that, as the entity size changed, so would the required fee.

To determine whether a corrective payment needs to be made, relevant fee schedules and fee payment history with respect to specific patent applications or patents can be found under the Administrative Status of the Canadian Patents Database. To assist you in determining whether a corrective payment needs to be made, relevant fee schedules and fee payment history with respect to specific patent applications or patents are available through the Canadian Patents Database. To meet the requirements of section 78.6, in addition to submitting your payment, you will need to provide CIPO with your patent or patent application number, and an indication of the type of fees that were underpaid (e.g., fee on filing an application, fee on requesting examination of an application, etc.).

More from the CIPO here.