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Patent Rules

Version of section 188 from 2019-10-30 to 2022-10-02:


Marginal note:Non-application of certain provisions of these Rules

  •  (1) Subsections 73(1) and (4), 81(1), 84(2) and 103(2) and section 132 do not apply in respect of a category 3 application.

  • Marginal note:Non-application of section 74

    (2) Section 74 does not apply in respect of a request for priority made in relation to a category 3 application before the coming-into-force date.

  • Marginal note:Application of section 100

    (3) Section 100 applies in respect of a category 3 application only if a notice of allowance is sent on or after the coming-into-force date.

  • Marginal note:Non-application of subsection 103(1)

    (4) Subsection 103(1) does not apply in respect of a category 3 application that has a presentation date before the coming-into-force date.

  • Marginal note:Non-application of section 104

    (5) Section 104 does not apply in relation to a category 3 application in respect of which an assignment was registered under subsection 49(2) of the Act, as it read immediately before the coming-into-force date.


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