Patent Rules — 117.03
eriod ends; (k) the period beginning on the applicable day referred to in subsection 46.1(2) of the Act and ending on the earlier of (i) the first day, without taking into account subsection 35(4) of the Act, on which a request for examination has been made under section 35 of the Act in respect of the application for the patent, the prescribed fee referred to in subsection 35(1) of the Act has been paid and, if applicable, the prescribed late fee referred to in paragraph 35(3)(a) of the Act has been paid, and (ii) the day on which the application is deemed to be abandoned under paragraph 73(1)(d) of the Act; (l) if a notice is sent under subsection 85(1) or (2) or 86(2) or (5) or section 94, the period beginning on the date of the notice and ending on the earlier of the day on which the applicant replies in good faith to the notice and the day on which the application is deemed to be abandoned under paragraph 73(1)(a) of the Act; (m) if a notice is sent under subsection 85.1(1), the period beginning on the date of the notice and ending on the earlier of (i) the first day on which both a request for continued examination has been made and the prescribed fee has been paid in accordance with subsection 85.1(3), and (ii) the day on which the application is deemed to be abandoned under paragraph 132(1)(e); (n) if the applicant makes one or more requests referred to in subsection 85.1(1) or (4) – or has made one or more requests referred to in subsection 86(17), as that subsection read immediately before October 3, 2022 – and pays the applicable fee, the period beginning on the first day on which both the first request has been made and the prescribed fee has been paid and ending on the day on which the final fee set out in item 14 of Schedule 2 is paid or, if the final fee has been refunded, the day on which the final fee is paid again; (o) if, on or before October 2, 2022, a request for examination was made and the prescribed fee was paid in accordance with subsection 35(1) of the Act and if three notices have been sent under subsection 86(2) or (5) before a notice of allowance or a conditional notice of allowance has been sent, the period beginning on the date of the third notice and ending on the day on which the final fee set out in item 14 of Schedule 2 is paid or, if the final fee has been refunded, the day on which the final fee is paid again; (p) if, during an interview with and initiated by an examiner, the applicant agrees to consider making an amendment to the application to correct defects identified by the examiner on or before a specified day, the period beginning on the day on which the interview is held and ending on the earliest of (i) the day on which the applicant communicates in writing that they will not make the amendment, (ii) the day on which the amendment is received by the Commissioner, and (iii) the specified day; (q) if the Commissioner sends a notice under subsection 86(1), (6), (10) or (12), the period beginning on the date of the notice and ending on the earliest of (i) the day on which the applicant pays the final fee set out in item 14 of Schedule 2, (ii) the day on which the notice is set aside under subsection 85.1(4), (iii) the day on which the application for the patent is deemed to be abandoned under paragraph 132(1)(f), and (iv) the date of a notice sent under paragraph 86(14)(a) informing the applicant that the notice of allowance is withdrawn; (r) if the Commissioner sends a conditional notice of allowance under subsection 86(1.1), the period beginning on the date of the notice and ending on the earliest of (i) the day on which the applicant replies in good faith to the notice and pays the final fee set out in item 14 of Schedule 2, (ii) the day on which the notice is set aside under subsection 85.1(4), (iii) the day on which the application for the patent is deemed to be abandoned under paragraph 132(1)(g), and (iv) the date of a notice sent under paragraph 86(14.1)(a) informing the applic