Appealing a refusal
The Patent Appeal Board (PAB) reviews the Final Action and all pertinent evidence. If requested by the applicant, an oral hearing will also be convened. The PAB, after hearing the parties, provides a recommendation to the Commissioner of Patents.
After reviewing the findings, the Commissioner of Patents makes a decision, which includes a brief statement describing the reasons for the decision based on the recommendation of the PAB. If the examiner's position is upheld, the applicant will be informed of the reasons and given an opportunity to amend the application for compliance with the Patent Act or Patent Rules, if possible.
If it is determined that the examiner's rejection was not justified, the application will be returned to the examiner for further prosecution.
An applicant may appeal a Decision of the Commissioner of Patents to the Federal Court of Canada.