Patent Rules

Marginal note:Exception to subsection 84(1)

198 If a request is made by an applicant under subsection 84(1) in relation to a category 3 application, the Commissioner must not, despite that subsection, advance the examination of that application out of its routine order or, if the examination has been 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;

• (b) after April 30, 2011, the Commissioner has, under subsection 26(1) of the former Rules, extended the time fixed for doing anything in respect of the application;

• (c) after April 30, 2011, the application is or was deemed to be abandoned under

  • (i) subsection 73(1) of the Act, or

  • (ii) subsection 73(1) of the Act, as it read immediately before October 30, 2019; or

• (d) on or after October 30, 2019, the application is or was deemed to be abandoned under subsection 73(2) of the Act.