Section 17

in subsection (2), by substituting for the words “the applicant may, instead of requesting for a substantive examination, request for a modified substantive examination”

the words “the applicant may, instead of filing a request for a substantive examination, file a request for a modified substantive examination within a prescribed period”;

in subsection (3), by substituting for the words

“prescribed form” the words “form as determined by the Registrar”;

by deleting subsection (4);

by substituting for subsection (5) the following subsection:

“(5)  If the applicant fails to—

file a request for a substantive examination under subsection (1); or

file a request for a modified substantive examination under subsection (2),

Patents (Amendment)

13

within the prescribed period, the application for a patent shall be deemed to be withdrawn at the end of that period.”;

by substituting for subsection (6) the following subsections:

“(6)  Notwithstanding paragraph (5)(b), the Registrar may, upon the request of the applicant in the form as determined by the Registrar together with the payment of the prescribed fee, allow a deferment of the filing of a request for a modified substantive examination referred to in subsection (2).

The deferment under subsection (6) may be allowed only on the grounds that the patent or other title of industrial property protection has not been granted or is not available by the expiration of the prescribed period for the filing of a request for modified substantive examination.”; and