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Patent Rules

Version of section 178 from 2019-10-30 to 2022-10-02:


Marginal note:Application of certain provisions of former Rules

  •  (1) Subject to subsection (4), sections 66 and 134, subsections 135(1) and (3) to (5) and sections 138, 139, 141, 145, 146, 159 to 162 and 164 to 166 of the former Rules continue to apply in respect of a category 2 application.

  • Marginal note:Application of section 26.1 of former Rules

    (2) Section 26.1 of the former Rules continues to apply in respect of the time prescribed by section 152 of the former Rules in respect of a category 2 application.

  • Marginal note:Application of section 32 of former Rules

    (3) Section 32 of the former Rules continues to apply in respect of a category 2 application for which a notice of allowance was sent before the coming-into-force date, other than such an application that is deemed to be abandoned under paragraph 73(1)(f) of the Act, as it read immediately before the coming-into-force date, and is subsequently reinstated.

  • Marginal note:Photographs

    (4) Paragraphs 141(1)(a), (b), (e) and (h) of the former Rules do not apply in respect of photographs provided in respect of a category 2 application.

  • Marginal note:Application of section 152 of former Rules

    (5) If, under section 78.51 or 78.52 of the Act, section 73 of the Act, as it read immediately before the coming-into-force date, applies in respect of an abandonment of a category 2 application, section 152 of the former Rules continues to apply in respect of that abandonment.

  • Marginal note:Application of subsections 163(2) and (3) of former Rules

    (6) Subsections 163(2) and (3) of the former Rules continue to apply in respect of a category 2 application, except that the reference to subsection (1) in subsection 163(2) is to be read as a reference to subsection 97(1) of these Rules.


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