Patent Rules — 154
Requirements 154 (1) An applicant who designates Canada in an international application must, not later than 30 months after the priority date, (a) if the International Bureau of the World Intellectual Property Organization has not published the international application, submit to the Commissioner a copy of the international application; (b) if the description contained in the international application, other than any sequence listings, is entirely in a language other than English or French, submit to the Commissioner an English or French translation of the description other than any sequence listings; (b.1) if the claims contained in the international application are entirely in a language other than English or French, submit to the Commissioner an English or French translation of the claims; and (c) pay the basic national fee, which is (i) the small entity fee set out in item 21 of Schedule 2, if the small entity status condition set out in subsection 44 (2) is met and if, not later than 30 months after the priority date, a small entity declaration is filed in respect of the application in accordance with subsection 44 (3), and (ii) in any other case, the standard fee set out in that item. Fee (2) An applicant who complies with the requirements of subsection (1) after the second anniversary of the international filing date must, not later than 30 months after the priority date, pay (a) the small entity fee set out in item 8 of Schedule 2 for the second anniversary of the filing date of an application for a patent, if the small entity status condition set out in subsection 44 (2) is met and if, not later than 30 months after the priority date, a small entity declaration is filed in respect of the application for a patent in accordance with subsection 44 (3); and (b) in any other case, the standard fee set out in that item for the second anniversary of the filing date of an application for a patent. Reinstatement of rights (3) An applicant who fails to comply with the requirements of subsection (1) and, if applicable, subsection (2) not later than 30 months after the priority date, is considered to have complied with those requirements within that time if (a) not later than 12 months after that time, the applicant (i) submits to the Commissioner a request that the rights of the applicant be reinstated with respect to that international application and a statement that the failure was unintentional, (ii) complies with the requirements of paragraphs (1)(a) to (b.1), (iii) pays the basic national fee, which is (A) the small entity fee set out in item 21 of Schedule 2, if the small entity status condition set out in subsection 44 (2) is met and if, not later than 12 months after the time referred to in subsection (1), a small entity declaration is filed in respect of the application in accordance with subsection 44 (3), and (B) in any other case, the standard fee set out in that item, and (iv) pays the fee for reinstatement of rights set out in item 22 of Schedule 2; and (b) if the applicant complies with the requirements of paragraph (a) after the second anniversary of the international filing date, the applicant, (i) on or before the third anniversary of the international filing date but not later than 12 months after the time referred to in subsection (1), pays (A) if the small entity status condition set out in subsection 44 (2) is met and if, on or before that third anniversary, a small entity declaration is filed in respect of the application for a patent in accordance with subsection 44 (3), the small entity fee set out in item 8 of Schedule 2 for the second anniversary of the filing date of an application for a patent, and (B) in any other case, the standard fee set out in that item for the second anniversary of the filing date of an application for a patent, or (ii) after the third anniversary of the international filing date but not later than 12 months after the time referred to in subsection (1), pays (A) if the small