CIPO May Process Final Fees Faster than Expected
In the past, the time interval between payment of the final fee and the start of technical preparations for issuance has been on the order of 8 to 9 weeks. However, recent experience has shown that there is considerable variance in this estimate. In one recent case, the time interval between payment of the final fee and the start of technical preparations was very short – at just over one week.
We have always advised that filing of amendments and divisional applications should be made before or concurrently with payment of the final fee, as much as possible, rather than relying on the unpredictable window of time between payment of the final fee and issuance of the patent. In view of the above, it appears to be more important than ever to follow this strategy as closely as possible, since the time window can be much shorter than expected.
By Michael Maskery