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Patent Rules

Version of section 54 from 2018-11-05 to 2019-10-29:

  •  (1) Correspondence addressed to the Commissioner in respect of an international application may be physically delivered to the Patent Office during ordinary business hours of the Office and shall be considered to be received by the Commissioner on the day of the delivery.

  • (2) For the purposes of subsection (1), where correspondence addressed to the Commissioner in respect of an international application is physically delivered to the Patent Office outside of its ordinary business hours, it shall be considered to have been delivered to the Office during ordinary business hours on the day when the Office is next open to the public.

  • (3) Correspondence addressed to the Commissioner in respect of an international application may be physically delivered to an establishment that is designated by the Commissioner in the Canadian Patent Office Record as an establishment to which correspondence addressed to the Commissioner may be delivered, during ordinary business hours of that establishment, and

    • (a) if the correspondence is delivered to the establishment on a day when the Patent Office is open to the public for all or part of that day, the correspondence is deemed to be received by the Commissioner on that day; and

    • (b) in any other case, the correspondence is deemed to have been received by the Commissioner on the day when the Patent Office is next open to the public.

  • (4) For the purposes of subsection (3), where correspondence addressed to the Commissioner in respect of an international application is physically delivered to an establishment outside of ordinary business hours of the establishment, it shall be considered to have been delivered to that establishment during ordinary business hours on the day when the establishment is next open to the public.

  • (5) Correspondence addressed to the Commissioner in respect of an international application may be sent at any time by electronic or other means of transmission specified by the Commissioner in the Canadian Patent Office Record.

  • (6) For the purposes of subsection (5), if, according to the local time of the place where the Patent Office is located, the correspondence is delivered on a day when the Office is open to the public for all or part of that day, it is deemed to be received by the Commissioner on that day.

  • (7) For the purposes of subsection (5), if, according to the local time of the place where the Patent Office is located, the correspondence is delivered on a day when the Office is closed to the public for all of that day, it is deemed to be received by the Commissioner on the day when the Office is next open to the public.

  • SOR/99-291, s. 4
  • SOR/2018-140, ss. 3, 7(E)
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