Patent Rules

Marginal note:Requirements for request for priority

• 180 (1) Subject to subsection (4), for the purposes of subsection 28.4(2) of the Act, a request for priority in respect of a category 2 application must be made in the petition of that application, or in a separate document, before the end of a period of six months after the filing date of the application.

• Marginal note:Non-application of subsection 3(1)

  (2) Subsection 3(1) does not apply in respect of the time referred to in subsection (1).

• Marginal note:Time to submit information

  (3) Subject to subsection (4), the information required under subsection 28.4(2) of the Act in respect of an application for a patent, on the basis of which a request for priority has been made in relation to a category 2 application, must be submitted to the Commissioner within the time referred to in subsection (1).

• Marginal note:Exception

  (4) In the case of a request for priority made in respect of a category 2 application that is a PCT national phase application, the applicant, instead of complying with the requirements of subsections (1) and (3), may comply with the requirements of Rule 4.10 of the Regulations under the PCT, as they read immediately before July 1, 1998.