CIPO Waiver

As mentioned last week, CIPO waived underpayments on $50 small entity fees which should have been increased under the Service Fee Act. Corresponding Rules Amending the Patent Rules amend s3 and add s139.1 to allow the Commissioner to waive payments of fee differences in certain circumstances, are now available.

The amendments were mentioned in the notice from last week which said, “The fee amounts for the 2nd, 3rd and 4th anniversary small entity maintenance fees for applications and patents, due between 2021 and 2024, were incorrectly published on CIPO’s website and in notices to applicants and patentees.” As a result of the incorrect information, the wrong fee amounts were paid:

For a $50 payment made between  and in respect of a 2nd, 3rd or 4th anniversary maintenance fee for small entities for a patent application and a patent, the amount paid was insufficient. … These fees are considered fully paid and no action is required. Impacted applicants and patentees will receive a letter from the Patent Office to this effect.

The amended Patent Rules, which came into force on March 25th, state:

…the Commissioner is authorized to waive, in favour of the applicant or patentee, payment of the difference referred to in paragraph 3(4)(d) if the Commissioner considers that the circumstances justify the waiver.

Notice letters that were sent out confirm that the Commissioner of Patents has, “waived the difference between the amount that was paid and the amount of the fee that was payable on the day on which the insufficient payment was made.”