ARCHIVED — Coming into force of the Rules Governing the Expedited Examination of Patent Applications Related to Green Technology

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March 16, 2011

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, will 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.

Note: In order to preserve their applications' eligibility for expedited examination process, 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.

Additional information about the amendments, including a Backgrounder and Questions and Answers can be found on CIPO's Expedited Examination of Patent Applications Related to Green Technology web page, or by contacting Scott Vasudev, Chief, Patent Administrative Policy, Classifications and Internal Affairs Division, at: 819-997-3055.

You may obtain a paper copy of the Canada Gazette Part II by contacting:

  • Canadian Government Publishing
  • Communication Canada
  • Ottawa, Canada K1A 0S9
  • Telephone 1-800-661-2868