Patent Rules (SOR/2019-251)

Marginal note:Time to reply

• 131 (1) For the purposes of paragraph 73(1)(a) of the Act, the prescribed time is four months after the date of the notice of the requisition made by the examiner.

• Marginal note:Exception to subsection 3(1)

  (2) Subsection 3(1) does not authorize the Commissioner to extend the time prescribed by subsection (1) beyond six months after the date of the notice.

• Marginal note:Delayed receipt of notice

  (3) However, in the case of a notice under subsection 86(2) or (5) that was received by the applicant more than one month after the day on which it was sent, the Commissioner may extend the time prescribed by subsection (1) to up to six months after the day on which the notice was received if the applicant

  • (a) applies for the extension within 14 days after the day on which the notice was received; and

  • (b) in that application, provides evidence satisfactory to the Commissioner of the date of receipt of the notice.