Patent Application Extensions Of Time In Canada

There has been some uncertainty surrounding the Canadian Intellectual Property Office's (CIPO) practices related to granting extensions of time to respond to an office action on a patent application. Typically a response to an office action will be due 4 months from the date of the office action. Section 3(1) of the Patent Rules empowers the Commissioner of Patents to grant an extension of time where 1) the extension is applied for before the expiry of the time limit to respond to the office action, 2) the required fee is paid, and 3) the circumstances justify the extension.

Initially CIPO was allowing requests on the basis of more time being needed to prepare a response. This came to an abrupt end late last year without warning. CIPO has now provided some guidance on the circumstances that may justify an extension. However, there remains ambiguity regarding whether a particular explanation required to justify an extension will be accepted.  CIPO is clearer on what