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Patent Rules

Version of section 197 from 2022-10-03 to 2024-10-30:


Marginal note:Prescribed time — subsection 35(2) of Act

  •  (1) For the purposes of subsection 35(2) of the Act, in respect of a category 3 application, the prescribed time for making a request for examination and for paying the fee is any time before

    • (a) in the case of such an application that is not a divisional application, the end of a period of five years after the filing date of the application; and

    • (b) in the case of such an application that is a divisional application, the later of

      • (i) the end of the time that is applicable under this subsection in respect of the original application, and

      • (ii) the end of a period of three months after the presentation date of the divisional application or, if the presentation date precedes October 30, 2019, the end of a period of six months after the presentation date of the divisional application.

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

    (2) Subsection 3(1) does not apply to the times prescribed by subsection (1).

  • SOR/2022-120, s. 55

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