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Patent Rules

Version of section 132 from 2022-10-03 to 2024-02-06:


Marginal note:Application deemed abandoned

  •  (1) Subject to subsection (2) and for the purposes of subsection 73(2) of the Act, an application for a patent is deemed to be abandoned if

    • (a) the applicant does not comply with a notice of the Commissioner referred to in subsection 15(4) within the time referred to in that subsection;

    • (b) a notice is sent under section 31 and the requirements are not complied with within the applicable time referred to in that section;

    • (c) the applicant does not reply in good faith to a request of the Commissioner for further drawings under subsection 27(5.2) of the Act not later than three months after the date of the request;

    • (d) the applicant does not reply in good faith to a notice of the Commissioner referred to in section 65 within the time referred to in that section;

    • (e) the applicant does not make a request for continued examination of an application for a patent and pay the prescribed fee in accordance with subsection 85.1(3);

    • (f) a notice of allowance is sent under subsection 86(1), (6), (10) or (12) and the applicant does not pay the final fee set out in item 14 of Schedule 2 within the time referred to in the applicable subsection;

    • (g) the applicant does not reply in good faith to a conditional notice of allowance of the Commissioner sent under subsection 86(1.1) and pay the final fee set out in item 14 of Schedule 2 within the time referred to in that subsection; or

    • (h) the applicant does not comply with a notice of the Commissioner referred to in subsection 155.5(6) within the time referred to in that subsection.

  • Marginal note:Exception

    (2) Paragraphs (1)(f) and (g) do not apply in respect of a notice of allowance or a conditional notice of allowance that is set aside in accordance with subsection 85.1(4).

  • SOR/2022-120, s. 27

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