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Patent Rules

Version of section 186 from 2019-10-30 to 2022-10-02:


Marginal note:Documents and information — divisional application

  •  (1) For the purpose of paragraph 38.2(3.1)(b) of the Act, the prescribed documents and information in respect of a category 2 application that has a presentation date before the coming-into-force date are

    • (a) in the case of such an application that has a presentation date before October 1, 1996, the documents and information referred to in clauses 78.2(a)(ii)(A) to (D) of the Act;

    • (b) in the case of such an application that has a presentation date on or after October 1, 1996 but before June 2, 2007, the documents and information referred to in clauses 78.2(a)(iii)(A) to (D) of the Act; and

    • (c) in the case of such an application that has a presentation date on or after June 2, 2007 but before the coming-into-force date, the documents and information referred to in clauses 78.2(a)(iv)(A) to (D) of the Act.

  • Marginal note:Presentation date

    (2) The presentation date of a category 2 application is

    • (a) if all of the elements referred to in clauses 78.2(a)(ii)(A) to (E) of the Act were received by the Commissioner before October 1, 1996, the day on which they were received or, if they were received on different days, the latest of those days;

    • (b) if paragraph (a) does not apply and if at least one of the elements referred to in clauses 78.2(a)(iii)(A) to (E) of the Act was received by the Commissioner on or after October 1, 1996, and all of those elements were received by the Commissioner before June 2, 2007, the day on which they were received or, if they were received on different days, the latest of those days;

    • (c) if paragraphs (a) and (b) do not apply and if least one of the elements referred to in clauses 78.2(a)(iv)(A) to (E) of the Act was received by the Commissioner on or after June 2, 2007 and all of those elements were received by the Commissioner before the coming-into-force date, the day on which they were received or, if they were received on different days, the latest of those days; and

    • (d) if paragraphs (a), (b) and (c) do not apply and if all of the documents and information referred to in subsection 103(1) of these Rules were received by the Commissioner and least one of those elements was received by the Commissioner on or after the coming-into-force date, the day on which they were received or, if they were received on different days, the latest of those days.


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