Government of Canada / Gouvernement du Canada
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Patent Act

Version of section 28 from 2019-10-30 to 2024-02-20:

Marginal note:Filing date

  •  (1) Subject to subsections 28.01(2) and 36(4), the filing date of an application for a patent in Canada is the date on which the Commissioner receives the prescribed documents and information or, if they are received on different dates, the latest of those dates.

  • Marginal note:Outstanding documents and information

    (2) The Commissioner shall notify an applicant whose application does not contain all of the documents and information referred to in subsection (1) of the documents and information that are outstanding and require that the applicant submit them within two months after the date of the notice.

  • Marginal note:Application deemed never filed

    (3) If the Commissioner does not receive the outstanding documents and information within that two-month period, the application is deemed never to have been filed. However, any fees paid in respect of the application shall not be refunded to the applicant.

  • R.S., 1985, c. P-4, s. 28
  • R.S., 1985, c. 33 (3rd Supp.), s. 10
  • 1993, c. 15, s. 33
  • 2014, c. 39, s. 121

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