356. Withdrawal and failure of application.

An application for a patent1 may be withdrawn at any time before the patent is granted2; and any withdrawal of such an application may not be revoked3.

An application is deemed to have been withdrawn in three instances:

  1.  

    (1)     where an initial application4 has a date of filing5, it is deemed to have been withdrawn unless the applicant files the necessary documents to complete the application, pays the fee and requests a preliminary examination and search within the relevant prescribed period6;

  2.  

    (2)     where no request for a substantive examination7 is made within six months of publication of the application8, or