Below is an alphabetical list of possible statuses, along with their definitions, that a patent application or patent may have.
The examiner has reasonable grounds to believe that the patent application complies with the Patent Act and Rules and a notice of allowance has been sent requiring the payment of the final fee.
If, after having obtained a filing date, the applicant satisfies compliance criteria, such as the inclusion of a compliant petition, statement of entitlement, and formalities aspects of the application in accordance with the prescribed requirements of the Patent Act and Rules.
The filing requirements have been met for a regular Canadian application or a divisional application and the filing date is given.
Either a regular Canadian (non-PCT) application, a divisional application, or a PCT application, submitted for entry into national phase in Canada, has been received via an available official channel.
The examiner has reasonable grounds to believe that the patent application would otherwise comply with the Patent Act and Rules if not for certain minor defects and a conditional notice of allowance has been sent identifying those minor defects requiring these defects to be satisfactorily addressed and the payment of the final fee.
For a PCT national phase application, the applicant failed to comply with the national entry requirement in due time. A national entry date has not been given and the application is now in a terminated state.
For a PCT national phase application that initially failed to comply with the national entry requirements, a response was submitted but not by the appointed agent, common representative or single applicant, as applicable. That earlier response would be deemed to be received pending a compliant response to a Notice of Disregarded Communication (see sections 40, 41, 41.1 of the Patent Rules).
For a regular Canadian (non-PCT) application or a divisional application, the applicant failed to comply with a Commissioner’s Notice sent under subsection 27(7) of the Patent Act requiring the applicant to pay the application fee and the late fee and the application is now in a terminated state.
The applicant did not take the action that is required to be taken as either set out in a Commissioner’s Notice or a requisition made by an examiner to avoid abandonment of the application (see subsection 73(1) and 73(2) of the Patent Act and section 132 of the Patent Rules).
A request to reinstate a deemed abandoned application was not received prior to the prescribed time to take that action. The application is now in a terminated state.
A request for reinstatement was submitted but not by the appointed agent or common representative or single applicant, as applicable. That earlier response would be deemed to be received pending a compliant response to a Notice of Disregarded Communication (see sections 40, 41, 41.1 of the Patent Rules).
The patent term has been deemed expired as a result of the prescribed action not being taken as required by the Commissioner's Notice for the Maintenance Fee.
A request to reverse the deemed expiry of the patent term was not received prior to the prescribed time limit to make such a request. The patent is now in a terminated state and the term limited for the duration of the patent is deemed to have expired retroactively on the respective maintenance fee due date.
For a regular Canadian (non-PCT) application, the outstanding documents or information referred to in a Commissioner’s Notice sent under section 28 of the Patent Act were not received in due time. A filing date has not been given and the application is now in a terminated state.
Patent with all claims cancelled due to re-examination, and as such deemed to never have been issued.
For a PCT application, the requirements to enter national phase in Canada have been met and the national entry date is given.
A compliant request for examination has been made and an examiner can conduct an analysis to determine whether the application complies with the Patent Act and Rules.
Examination processes have ceased and will only continue if a valid request for continued examination is submitted before the deadline of the notice.
The patent is granted, issued, and active. This status applies after an application for patent has been found to be allowable and a final fee has been paid. The status may also apply under the condition where after a re-examination process or a re-issue process, the end result is that the patent is still in force.
For a PCT international application submitted for entry into national phase in Canada, the national entry requirements have not been met and the application is now in a terminated state.
The final fee has been received and found compliant. The issue and granting of the patent is proceeding accordingly. This is only an administrative term for a brief transitory state and is not reflective of a distinct status given in the Patent Act and Rules.
Granted patent under a re-examination process, during which one or more claims are being reviewed based on prior art.
The Commissioner is satisfied that the examiner’s rejection is justified and the application does not comply with the Patent Act and Rules and has refused the application.
Granted patent simultaneously undergoing re-examination and re-issue processes.
Granted patent under a re-issue process, during which a request submitted by a patentee to correct a defective or inoperative patent under section 47 of the Patent Act is being reviewed.
The application has been rejected by an examiner and a final action report has been sent to the applicant.
The patent application has exceeded the time where no remedy would be awarded for an act of infringement occurring on the expiry date. Examination has ended and the application is now in a terminated state.
Patent application still under examination when the term expires, until the application proceeds to grant or until the time at which no remedy would be awarded for an act of infringement occurring on the expiry date.
Granted patent that was granted late enough that the time limit for certain corrective actions extend past the term of the patent, or patent undergoing re-examination or re-issue after its term.
Granted patent in a terminated state passed its expiry date where no corrective action is available upon the expiry date or when no remedy would be awarded for an act of infringement occurring on the expiry date.
The Office has processed a request for withdrawal of an application and the application is now in a terminated state.
