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Bill C-29 Update: Section 78.6 Patent Act
You should know!
- Play it safe! Do not delay! Why? Because possible discrepancies between your corrective payment
calculation and current office records may not leave sufficient time for you to adjust your payments
should the need arise. The corrective fee payments must be stamped in the CIPO office by February 1,
2007, in order to be accepted. Use our Checklist for C-29 Payments to help you with your
submission.
- What if you miss the deadline? CIPO is unable to make exceptions for late payments, unfortunately,
and there will be no recourse for late payments.
- Don't make this mistake! Bill C-29 only applies to fees underpaid before February 1, 2006, the day
on which Section 78.6 of the Patent Act came into force. Incorrect payment of fees at the small entity
level when it should have been paid at the large entity level made after this date cannot be corrected.
- In summary: Patentees who need to send in a corrective payment under Bill C-29 must get their payment
in to the CIPO office by February 1, 2007. See Essential reading on Bill C-29 section of
our website for more information on how to pay your corrective fees.
The Future: Amendments to the Patent Rules under consideration
Section 2 of Bill C-29 came into force on February 1, 2006, providing a one-year time period to
correct past fees that were incorrectly paid at the small entity level. While section 78.6 of the
Patent Act provides for a specific mechanism to correct fee payment errors made prior to
February 1, 2006, there are no other provisions, beyond the reinstatement process, to provide relief
in instances where small entity fees are mistakenly paid after that date.
The Government of Canada is currently considering amendments to the Patent Rules that would give
the Commissioner of Patents the authority to provide applicants/patentees with an extension of time
for fee corrections to be made. Other changes to the Patent Rules are also being considered, such as
clarifying the definition of "small entity," to make the small entity regime easier to use for
applicants/patentees. Check back on our website for upcoming information.
Key Documents and Information
Bill C-29
News Releases and Questions and Answers
Reference Tools:
Bill C-29 consultations
Payment of Fees Notices
Should you require more information, contact our Client
Service Centre.
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Disclaimer:
The information on this Web site provides general information only and
does not provide legal advice. In the event of any inconsistency between
the information and the applicable legislation, the legislation must be followed.
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