During prosecution of a patent application, issues may be raised that require a response from the applicant within a prescribed time limit. For certain due dates as specified in the Patent Act and Patent Rules, the applicant may submit a request for an extension of time to provide their response.
The Commissioner of Patents has authority under subsection 3(1) of the Patent Rules to grant extensions of time for said due dates, "if the Commissioner considers that the circumstances justify the extension." The request for extension must be filed on or before the due date, with a fee.
Read the full article by authors Bobby Leung and Wael Louis Nackasha in Canadian Lawyer Magazine’s InHouse column.