Patent Rules

Version of section 88 from 2006-03-22 to 2007-06-01:

  •  (1) For the purposes of subsection 28.4(2) of the Act,

    • (a) a request for priority may be made in the petition or in a separate document;

    • (b) where a request for priority is based on one previously regularly filed application, the request must be made, and the applicant must inform the Commissioner of the filing date, country of filing and application number of the previously regularly filed application, before the expiry of the sixteen-month period after the date of filing of that application; and

    • (c) where a request for priority is based on two or more previously regularly filed applications,

      • (i) the request must be made, and the applicant must inform the Commissioner of the filing date and country of filing of each previously regularly filed application on which the request for priority is based, before the expiry of the sixteen-month period after the earliest date of filing of those applications, and

      • (ii) the applicant must, for each previously regularly filed application on which the request for priority is based, inform the Commissioner of its application number before the expiry of the twelve-month period after its date of filing or before the expiry of the period referred to in subparagraph (i), whichever is later.

  • (2) Where a request for priority on the basis of a particular previously regularly filed application is withdrawn before the expiry of the sixteen-month period after the date of filing of that application, the times prescribed in subsection (1) shall be computed as if the request for priority had never been made based on that application.

  • (3) For the purposes of subsection (1), if the previously regularly filed application is for a patent granted by a national or an intergovernmental authority having the power to grant patents effective in more than one country, the applicant may provide the Commissioner with the name of the authority with which the application was filed instead of the country of filing.

  • (4) For the purposes of subsection (1), if the previously regularly filed application is an international application, the applicant may provide the Commissioner with the name of the receiving Office with which the application was filed instead of the country of filing.

  • (5) Section 26 does not apply in respect of the times specified in subsection (1).

  • SOR/99-291, s. 9;
  • SOR/2003-208, s. 9.
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