If an annual maintenance fee or the four-year examination deadline is missed, late payment with surcharge will be possible within the late period set by CIPO notice, with recovery being possible in any instance up to six months from the missed date. Failure to fulfill the requirements within the late period will result in abandonment, with reinstatement only being possible where “due care” can be shown. The reinstatement period is 12-months long, the start of which may vary depending on where the CIPO notice falls relative to the 6-months minimum late period. Third-party rights are also introduced if payment is not made within the allotted late period.
If an application is abandoned for failure to respond to an Examiner requisition within the four-month period for response, or failure to pay the final grant fee within the four-month period set by the notice of allowance, then reinstatement is possible up to 12-months from the deadline without justification (no “due care” or “unintentional” standard applies).