Tuesday, August 9 2022   \  Published by Lexology.

Canada's new patent claim fee rules: alternative embodiments within a single claim – part one

Canada's new patent claim fee rules: alternative embodiments within a single claim – part one

Introduction

Amendments to the Canadian Patent Rules introducing excess claim fees will come into force soon and will apply to any application in which examination has not been requested before 3 October 2022 (for further details, see "New rules: request examination of Canadian patent applications before 3 October 2022"). The rules introduce a fee of C$100 for each claim over 20(1) Claim fees are first calculated and payable when the examination is requested. They are calculated again when the final fee (ie, the issue fee) is paid. The excess claim fee calculation is based on the greatest number of claims pending in the application at any time starting from the date examination is requested and ending on the date the final fee is paid. Read more

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