On payment of the prescribed fee, the Commissioner may advance a Canadian patent application out of the normal queue for examination if the failure to do so will likely prejudice the requester's rights. New amendments to the Patent Rules will now also allow the Commissioner to expedite the prosecution of an application without a fee when the invention is related to green technology. To obtain expedited processing under this new provision the applicant will have to submit a declaration that the application relates to technology the commercialization of which would help to resolve or mitigate environmental impacts or conserve the natural environment and resources. Unless the technology falls unequivocally within this area, then it is likely safer to proceed under the normal procedure for expedited examination rather than risk making a declaration that may later be considered to have been untruthful.
The new amendments also stipulate that the Commissioner will not grant expedited examination of an application if, after April 30th 2011, the Commissioner extends the time limits for any action required or if the application has been deemed abandoned. Thus if there is any possibility than an applicant may wish to expedite examination of a Canadian patent application, it should not be allowed to become abandoned, and if it is already abandoned, it should be reinstated by April 30, 2011.