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Patent Rules

Version of section 203 from 2023-06-02 to 2024-04-01:


Marginal note:Application deemed abandoned

  •  (1) For the purposes of subsection 73(2) of the Act, a category 3 application is deemed to be abandoned if

    • (a) a notice is sent under section 31 and the requirements are not complied with within the applicable time referred to in that section;

    • (b) the applicant does not reply in good faith to a request of the Commissioner for further drawings under subsection 27(5.2) of the Act not later than three months after the date of the request;

    • (c) the applicant does not reply in good faith to a notice of the Commissioner referred to in section 65 within the time referred to in that section;

    • (c.1) the applicant does not make a request for continued examination of an application for a patent and pay the prescribed fee in accordance with subsection 85.1(3);

    • (d) a notice of allowance is sent under subsection 86(1), (6), (10) or (12) or 199(2) or (5) and the applicant does not pay the final fee set out in item 14 of Schedule 2 within the time referred to in the applicable subsection;

    • (e) the applicant does not reply in good faith to a conditional notice of allowance of the Commissioner sent under subsection 86(1.1) and pay the final fee set out in item 14 of Schedule 2 within the time referred to in that subsection; or

    • (f) the applicant does not comply with a notice of the Commissioner referred to in subsection 155.5(6) within the time referred to in that subsection.

  • Marginal note:Exception

    (2) Paragraphs (1)(d) and (e) do not apply in respect of a notice of allowance or a conditional notice of allowance that is set aside in accordance with subsection 85.1(4).

  • SOR/2022-120, s. 42
  • SOR/2023-113, s. 9

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