Restoration of rights requests in Canadian patent applications

A request for restoration of a Canadian patent application after it has been abandoned may be made no later than 12 months after the patent application was first deemed abandoned.

A Canadian patent application will be deemed abandoned if no action is taken within the time limits specified below:

• No response to the review opinion before the deadline
• Failure to respond to patent application maintenance fee and late payment fees by the deadline
• Failure to file a request for substantive examination and failure to respond to a notice to pay the examination fee and late payment fee before the deadline
• Failure to respond to a request for translation from CIPO by the deadline
• Failure to respond to CIPO's request for appointment of a patent agent by the deadline
• Failure to respond to CIPO's request for further drawings by the deadline
• Failure to respond to the correction request sent by CIPO before the deadline
• The final fee in the Notice of Grant was not paid by the deadline.
• Failure to respond to the request for continued examination and pay the fee by the deadline
• Failure to respond to the CNOA Conditional Permit Notice and pay the final fee by the deadline
• A formal request for restoration of rights must be filed with CIPO
• If a patent application is deemed abandoned due to multiple failures, you can file a one-time application to restore the application in the following circumstances:
  • Restoration fee for each failure
  • Take all actions to correct all obstacles that lead to abandonment
  • If an application fails multiple times, the request for restoration of rights must be made before the end of the 12-month period from the first time the application was deemed abandoned.
  • If applicable, include a letter(s) explaining why the action could not be taken, and any requested documents or information
  • The requests for restoration of rights accepted by CIPO based on due care are listed on the official website: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/patents/maintain-your-patent-application-or-granted-patent/reverse-expired-patent/determinations-related-due-care