(2) At least one month before a fee is due, the registrar shall send a
reminder that the fee is due to the applicant or the owner of the patent.
(3) A fee paid after it is due but within the grace period granted
under section 47(2) of the Act shall be paid by submitting it along with
the prescribed surcharge.
(4) For an international application, the only annual fees that are
payable are those due from the priority date.
36. Lapse of patent for nonpayment of annual fees.
(1) Where, under section 47(3) of the Act, an application is taken to
have been withdrawn or patent lapses, the registrar may send a
notification to the persons specified in subregulation (2), within thirty
days after the application is deemed to have been withdrawn or the
patent lapses.
(2) A notification under subregulation (1) shall be sent to the
following persons—
(a) the applicant or owner of the patent; and
(b) every registered licensee.
37. Restoration of application or patent.
(1) The following shall apply with respect to a request under section
47(6) of the Act to restore an application or patent—
(a) the request shall be in Form 16 and shall be accompanied by a
statutory declaration or affidavit supporting the statements
made in the request;
(b) if after considering the request, the registrar is not satisfied
that the failure to pay the annual fee was not intended, the
registrar shall notify the person who made the request;
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