7.11.1.8 Grace Period Extensions

Also in this Chapter:

• 7.11.1.1 Relevant Act
• 7.11.1.2 Subsection 223(1) - Office Error
• 7.11.1.3 Subsection 223(2) - Error or Omission and Circumstances Beyond Control
• 7.11.1.4 Subsection 223(2A) - Despite Due Care​​​​​​​
• 7.11.1.5 Common Deficiencies in Requests under Section 223(2) or (2A)
• 7.11.1.6 Advertising an Extension - Subsection 223(4)
• 7.11.1.7 Extension of Time for an Extension of Term
• 7.11.1.9 Extension of Time to Gain Acceptance
• 7.11.1.10 Examination Report Delayed or Not Received
• 7.11.1.11 Co-pending Section 104 Application - Budapest Treaty Details
• 7.11.1.12 Payment of Continuation or Renewal Fees Pending a Section 223 Applicaiton
• 7.11.1.13 Person Concerned: Change of Ownership
• 7.11.1.14 Date of a Patent Where an Extension of Time is Granted to Claim Priority

Key Legislation:

Patents Act:

• s223 Extensions of time

Patents Regulations:

• reg 22.11 Extension of time

Regulation 22.11(3) permits extensions of time for errors or omissions that occurred in the "grace period" for payment of continuation or renewal fees, effectively allowing an extension of the grace period to pay the fee.  However, any such extension must be advertised for opposition purposes even if the extension sought is only for 1 day (refer to subsection 223(4)(b)).  Furthermore, the protection and compensation provisions of regulation 22.21 apply.

In applying for an extension of the grace period, the extension period required begins with the expiration of the grace period, and not at the anniversary date.  

The grace period fees still need to be paid when extending that period.  That is, the total fees due for an extension of the grace period are the continuation or renewal fee due at the relevant anniversary date, the full grace period fee and the fee for the extension of time request which is calculated from the end of the grace period.