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Patent Rules

Version of section 84 from 2019-10-30 to 2022-10-02:


Marginal note:Advancing examination

  •  (1) In respect of an application for a patent that is open to public inspection at the Patent Office, the Commissioner must advance out of its routine order the examination of the application on the request of

    • (a) any person, if they pay the fee set out in item 12 of Schedule 2 and file with the Commissioner a statement indicating that failure to advance the examination of the application is likely to prejudice that person’s rights; or

    • (b) the applicant, if the applicant files with the Commissioner a statement indicating that the application relates to technology the commercialization of which would help to resolve or mitigate environmental impacts or to conserve the natural environment or natural resources.

  • Marginal note:Exception

    (2) In respect of a request made under subsection (1) by an applicant, the Commissioner must not advance the examination of the application for a patent out of its routine order or, if the examination is advanced, must return it to its routine order if

    • (a) the Commissioner has, under subsection 3(1), extended the time fixed for doing anything in respect of the application; or

    • (b) the application is or was deemed to be abandoned.


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