Patent Rules (SOR/2019-251)

Marginal note:Notice of allowance considered not sent

230 For greater certainty, a notice of allowance is considered not to have been sent if it was deemed not to have been sent before October 30, 2019.

Marginal note:Non-application of section 89

231 Section 89 does not apply in respect of an application for a patent for which the presentation date preceded October 30, 2019.

Marginal note:Periods referred to in section 128

232 For greater certainty, the periods prescribed by paragraph 128(a), (b) or (d) do not include any period that begins less than six months after October 30, 2019.

Marginal note:Publication in Canadian Patent Office Record

233 For the purposes of paragraph 130(1)(c), an application that was advertised in the Canadian Patent Office Record before October 30, 2019 is considered to have been advertised on the website of the Canadian Intellectual Property Office on the day on which it was advertised in the Canadian Patent Office Record.

Marginal note:Non-application of subparagraph 154(3)(a)(i)

234 Subparagraph 154(3)(a)(i) does not apply in respect of an international application for which the international filing date, as defined in section 141, precedes October 30, 2019.

Marginal note:Exception to section 162

235 If the right of priority in respect of a previously regularly filed application, on which the request for priority in relation to a pending application is based, was restored under Rule 26bis.3 of the Regulations under the PCT before October 30, 2019, section 162 does not apply in respect of that previously regularly filed application.

236 [Repealed, SOR/2021-131, s. 26]

237 [Repealed, SOR/2021-131, s. 26]