Patent Rules

Version of section 148 from 2006-03-22 to 2007-06-01:

  •  (1) Where an application other than a PCT national phase application did not, on the filing date of the application, contain the information and documents listed below, the application shall, for the purposes of section 73(2) of the Act, be deemed to be abandoned if, after the expiry of the twelve-month period after the filing date, the applicant has not paid the fee set out in item 2 of Schedule II and filed the following information and documents:

    • (a) an abstract;

    • (b) an appointment of a patent agent, where required by section 20;

    • (c) an appointment of an associate patent agent, where required by section 21; and

    • (d) an appointment of a representative, where required by section 29 of the Act.

  • (2) Section 26 does not apply in respect of the time set out in subsection (1).

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