The Canadian Intellectual Property Office (CIPO) has released a new practice notice clarifying its practice regarding requests for extensions of time under subsection 3(1) of the Patent Rules. The practice notice clarifies that requests for extensions of time should include an explanation that is specific to the patent application in question and sufficient information for the Commissioner to make an informed decision. Requests that include a simple statement indicating that more time is required to obtain instructions from an applicant will be refused. Some exemplary circumstances that may justify an extension of time include: a recent transfer of rights to the application, a recent change in the appointed patent agent, and health issues impacting the applicant or patent agent.
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