On Clause 132,
Nathan Cullen moved, — That Bill C-43, in Clause 132, be amended
(a) by replacing line 24 on page 305 with the following:
“(a) the patentee, within the initial prescribed time,”
(b) by deleting lines 37 to 41 on page 305.
(c) by adding after line 41 on page 305 the following:
“(5.1) Subject to the regulations, if the term limited for the duration of a patent is deemed to have expired under subsection (4), that subsection is deemed never to have produced its effects if
(a) the patentee, within the second prescribed time,
(i) makes a request to the Commissioner for the term limited for the duration of the patent to never have been deemed to have expired,
(ii) states, in the request, the reasons for the failure to pay the prescribed fee and late fee before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, and
(iii) pays the prescribed fee, the late fee and any additional prescribed fee; and
(b) the Commissioner determines that the failure occurred in spite of the due care required by the circumstances having been taken and informs the patentee of this determination.”
(d) by replacing line 42 on page 305 with the following:
“(6) If subsection (5) or (5.1) applies, the Federal”
(e) by replacing line 2 on page 306 with the following:
“to in subparagraph (5)(a)(ii) or (5.1)(a)(ii) contains a”
(f) by replacing lines 4 and 5 on page 306 with the following:
“(b) that, if paragraph (5.1)(b) applies, the failure referred to in subparagraph (5.1)(a)(ii)”