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Patent Rules

Version of section 191 from 2019-10-30 to 2022-10-02:


Marginal note:Prescribed date — withdrawal of request for priority

 For the purposes of subsection 10(4) of the Act, if a request for priority that was made in respect of a category 3 application has been withdrawn with respect to a previously regularly filed application for a patent before the coming-into-force date, the prescribed date is, despite section 17, the later of

  • (a) the earlier of

    • (i) the day on which a period of 16 months after the filing date of the previously regularly filed application expires, and

    • (ii) if the request for priority is based on more than one previously regularly filed application, the day on which a period of 16 months after the earliest of the filing dates of those applications expires, and

  • (b) if the Commissioner is able to stop the technical preparations to open the category 3 application to public inspection before the expiry of the confidentiality period referred to in subsection 10(2) of the Act, the day on which the Commissioner stops those preparations.


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