Patent Rules

Version of section 62 from 2006-03-22 to 2007-06-01:

  •  (1) In respect of a PCT national phase application, where, on or before the expiry of the time specified in subsection (2), the application does not contain the information and documents listed below, the application is deemed to be abandoned for the purposes of subsection 73(2) of the Act:

    • (a) the name and address of the inventor;

    • (b) and (c) [Repealed, SOR/2004-67, s. 1]

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

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

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

  • (2) The time by which the information and documents referred to in subsection (1) must be submitted is the expiry of the latest of

    • (a) the 36-month period after the priority date; and

    • (b) [Repealed, SOR/2002-120, s. 2]

    • (c) the six-month period after the applicant complies with the requirements of subsection 58(1) and, where applicable, subsection 58(2).

  • (3) For greater certainty, section 26 does not apply in respect of the time specified in subsection (2).

  • (4) For greater certainty, where an application was, before April 1, 2002, deemed to have been abandoned pursuant to subsection (1), the application may not be reinstated in accordance with subsection 73(3) of the Act after the expiry of the 12-month period after the date on which the application was deemed to be abandoned.

  • SOR/2002-120, s. 2;
  • SOR/2004-67, s. 1.
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