Industrial Designs: Consultation Period Opens Re. Extensions of Time
The Canadian Intellectual Property Office ("CIPO") has announced a consultation period of October 1 to October 31, 2009 regarding a proposed Practice Notice which concerns the practice of granting extensions of time.
For applications undergoing examination the current practice permits Applicants to seek an extension of time by submitting a written request; however, the rules are unclear as to whether further requests (for an extension of time) will be granted. In a proposal in line with proposed changes in other branches of CIPO, the proposed Practice Notice suggests that Examiners will grant one (1) extension of time of six (6) months and a failure to respond within the extension period will result in the abandonment of the case.
It remains unclear, however, whether an Examiner will have discretion to grant additional (i.e. successive) extensions of time in exceptional circumstances.
