Patent Rules — 117.11
Application for reconsideration 117.11 (1) An application for reconsideration under subsection 46.3(2) of the Act must be made in writing and must (a) include the patent number of the patent that is the subject of the application; (b) provide information that demonstrates that the additional term granted by the Commissioner is longer than is authorized by section 46.1 of the Act; and (c) provide an opinion regarding the determination of the duration of the additional term that should have been made by the Commissioner. Prescribed fee (2) For the purposes of subsection 46.3(2) of the Act, the prescribed fee for an application for reconsideration is (a) the small entity fee set out in paragraph 42(a) of Schedule 2 if (i) the person applying for reconsideration is the patentee, the small entity status condition set out in subsection 112(2) is met and a small entity declaration is filed in accordance with subsection 112(3) in respect of the patent or in accordance with subsection 44(3) in respect of the application on the basis of which the patent was granted, or (ii) the person applying for reconsideration is not the patentee, the small entity status condition set out in subsection (4) is met and a small entity declaration is filed in accordance with subsection (5) in respect of the application for reconsideration; and (b) in any other case, the standard fee set out in paragraph 42(b) of Schedule 2. Clarification (3) For greater certainty, for the purposes of subparagraph (2)(a)(i), a reissued patent is considered to be granted on the basis of the original application. Small entity status condition (4) The small entity status condition is that the person applying for reconsideration is, on the day on which the application for reconsideration is made, (a) an entity that has fewer than 100 employees, other than an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more; or (b) a university. Small entity declaration (5) A small entity declaration must (a) be filed with the Commissioner; (b) identify the application for reconsideration to which it relates; (c) contain a statement declaring that the person applying for reconsideration believes that the small entity status condition set out in subsection (4) is met in respect of the application; (d) be signed by (i) the person applying for reconsideration, (ii) if a document authorizing a foreign practitioner to sign a small entity declaration is signed by the person applying for reconsideration and submitted to the Commissioner at the same time as the declaration, that foreign practitioner, or (iii) a patent agent who is appointed in respect of the application; and (e) indicate the name of the person applying for reconsideration and, if applicable, the name of the patent agent or the foreign practitioner signing the declaration. Notice of preliminary determination (6) After the Commissioner initiates a reconsideration or receives an application for reconsideration, the Commissioner must send to the patentee and, if applicable, the person applying for reconsideration a notice indicating the Commissioner’s preliminary determination of (a) whether the duration of the additional term is longer than is authorized under subsection 46.1(4) of the Act; and (b) if the duration is longer than is authorized under that subsection, the shortened duration of the additional term. Observations (7) The patentee and the person applying for reconsideration, if applicable, may make observations regarding the preliminary determination within two months after the date of the notice. Certificate or dismissal (8) After the end of the period for making observations, the Commissioner must either issue an amended certificate of additional term or dismiss the application. The Commissioner must provide to the patentee and, if applicable, the person applying for reconsideration reasons for the shortened duration of the additional term indicated in the