Author: Joe Conneely, Conneely PC
A Canadian patent may now be reissued without the return of the original patent document to the Patent Office. Previously, the Patent Office’s reissue practice required the return or surrender of the original patent document before the reissued patent document would be sent to the patentee.
According to Section 47(1) of the Canadian Patent Act, whenever a patent is deemed defective or inoperative by reason of insufficient description and specification, or by reason of the patentee’s claiming more or less than he or she had a right to claim as new, but at the same time it appears that the error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, the Commissioner may, on the surrender of the patent within four years from its date and the payment of a further prescribed fee, cause a new (reissue) patent, in accordance with an amended description and specification made by the patentee, to be issued to him or her for the same invention for the then unexpired term for which the original patent was granted. In addition, according to Section 47(2) of the Patent Act, the surrender referred to in Section 47(1) takes effect on the issue of the new (reissue) patent. The reissue application fee prescribed by the Canadian Patent Rules is currently CA $1,600.00.
For further information, or if you have any questions, please contact us.
At Conneely PC, we expertly draft, file, and prosecute patent applications. We have drafted and prosecuted patent applications covering a number of technologies including patent applications for wireless devices, energy management systems, batteries, automotive systems, mining equipment, software applications, user interfaces, electronics, communication systems, medical devices, unmanned aerial vehicles, industrial equipment, augmented/virtual reality systems, artificial intelligence systems, apparel, and wearable tech. If you need an experienced Canadian patent lawyer, agent, or attorney for prosecuting your patent applications in Canada, please contact us. By specializing, using the latest technology, and controlling overhead costs, we deliver great service for reasonable fees.
