Changes to IP Regulations: Rules Amending the Patent Rules, Expedited Examination of Patent Applications Relating to Green Technology


Introduction

Notice is given that the Governor in Council has approved the Proposed Amendments to the Patent Rules – Expedited Examination of Patent Applications Related to Green Technology. The Rules Amending the Patent Rules came into force on March 3, 2011.

The Rules Amending the Patent Rules, which were published in the Canada Gazette Part II on March 16, 2011, 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.

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.

Service standard

The following new service standard will apply to all applications advanced for examination: until a patent application is approved for allowance, a response will be provided to the applicant within two months from the date a correspondence is received at CIPO. This new standard will permit acceleration of the advanced examination process.

Further information

International Intellectual Property Offices with similar programs