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Patent Rules

Version of section 91 from 2022-10-03 to 2024-02-06:


Marginal note:Clarification

 For greater certainty, the specification and the drawings contained in a divisional application, other than a divisional application resulting from a PCT national phase application, must not contain matter that is not in the specification and the drawings contained in the original application on its filing date, or if the original application is itself a divisional application, on its presentation date, unless

  • (a) the matter may be or could have been added, under section 38.2 of the Act without taking into account subsection 38.2(4) of the Act, to the specification and the drawings contained in the original application; or

  • (b) it is admitted in the specification contained in the divisional application that the matter is prior art.

  • SOR/2022-120, s. 18

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