Patent Rules (SOR/2019-251)

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

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

  • (a) in respect of an application for a patent other than a divisional application, the end of a period of four years after the filing date of the application; and

  • (b) in respect of 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.

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

  (2) Subsection 3(1) does not apply in respect of the times prescribed by subsection (1).