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Date Published

Section 223(1) may be applicable to extend the time for acceptance where an examiner’s first report was established but was not received due to an error by a person at the Patent Office.  For example, it may have been sent to the wrong address for service.  

If the report was sent to the correct address but was delayed or not received (e.g. delayed or not delivered by post) then section 223(2)(b) is more applicable.  On the other hand, if the report was received but misplaced by the applicant, it is likely that section 223(2)(a) would be the appropriate remedy.

See Delayed or Non-Receipt of the Report by the Applicant or Attorney for more detail regarding delays or non-receipt of examiner's reports.

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