Patent Act (R.S.C., 1985, c. P-4)

Marginal note:Request for examination

• 35 (1) The Commissioner shall, on the request of any person made in such manner as may be prescribed and on payment of a prescribed fee, cause an application for a patent to be examined by competent examiners to be employed in the Patent Office for that purpose.

• Marginal note:Prescribed time

  (2) The request shall be made within the prescribed time and the prescribed fee shall be paid within that time.

• Marginal note:Late fee and notice

  (3) If the request is not made or the prescribed fee is not paid within the prescribed time,

  • (a) the prescribed late fee shall be paid, in addition to the prescribed fee; and

  • (b) the Commissioner shall send a notice to the applicant stating that the application will be deemed to be abandoned if the request is not made and the prescribed fee and late fee are not paid before the end of two months after the date of the notice.

• Marginal note:Request deemed made and prescribed fee deemed paid within prescribed time

  (4) If the request is made and the prescribed fee and late fee are paid before a notice is sent or, if a notice has been sent, the request is made and the prescribed fee and late fee are paid before the end of two months after the date of the notice, the request shall be deemed to have been made and the prescribed fee shall be deemed to have been paid within the prescribed time.

• Marginal note:Required examination

  (5) The Commissioner may by a notice sent to the applicant, require that the request be made and the prescribed fee be paid within the prescribed time. However, the Commissioner is not authorized to send the notice if the prescribed time would end after the prescribed time referred to in subsection (2).

• Marginal note:Non-application

  (6) If a notice is sent under subsection (5), subsections (2) to (4) do not apply.