Plant Breeders’ Rights Act

Marginal note:Abandonment of application

• 26 (1) An application shall be deemed to have been abandoned on failure of the applicant to prosecute the application, whether in default of compliance with subsection 23(3) or of payment of any fee pursuant to subsection 27(3) or otherwise, within the prescribed period after the taking on the part of the Commissioner, with respect to the application, of any action of which the Commissioner gives notice to the applicant.

• Marginal note:Reinstatement of abandoned application

  (2) An application deemed abandoned pursuant to subsection (1) may be reinstated

  • (a) within the prescribed time and on payment of the prescribed fee; or

  • (b) on petition presented to the Commissioner within the prescribed time subsequent to the time referred to in paragraph (a) and on payment of the prescribed fee if the petitioner satisfies the Commissioner that the failure to prosecute the application was not reasonably avoidable.