Patent Rules
96 (1) Subject to subsection (2), for the purposes of paragraph 73(1)(d) of the Act, a request for the examination of an application shall be made and the fee set out in item 3 of Schedule II shall be paid before the expiry of the five-year period after the filing date of the application.
(2) A request for the examination of a divisional application shall be made and the fee set out in item 3 of Schedule II shall be paid before the expiry of the later of
(a) the five-year period after the filing date of the original application; and
(b) the six-month period after the date on which the divisional application is actually filed in accordance with subsection 36(2) or (2.1) of the Act.
(3) Subsection 26(1) does not apply in respect of the times prescribed in subsections (1) and (2).
- SOR/2007-90, s. 38
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