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Patent Rules

Version of section 96 from 2007-06-02 to 2019-10-29:

  •  (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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