49APostponing acceptance of patent request: standard patent

49A Postponing acceptance of patent request: standard patent

(1) The Commissioner may postpone acceptance of a patent request and complete specification: (a) on his or her own initiative; or (b) if requested to do so in writing by the applicant. (2) If the Commissioner postpones acceptance on his or her own initiative, he or she must specify a day to which acceptance is postponed. (3) If the Commissioner postpones acceptance following a request by the applicant, the Commissioner may specify a day to which acceptance is postponed. (4) The day specified under subsection (2) or (3) cannot be a day that is after the end of the period prescribed for the purposes of paragraph 142(2)(e). (5) If: (a) acceptance is postponed under subsection (1) following a request by the applicant; and (b) the Commissioner has not specified a day to which acceptance is postponed; the Commissioner is not required to accept the patent request and complete specification unless the applicant withdraws the request in writing.

Note: If the applicant does not withdraw the request before the day prescribed by the regulations, the application lapses: see paragraph 142(2)(e).