130R39. Where the capital cost to a taxpayer of a property that is a patent or a right to use patented information is determined in whole or in part by reference to the use of the property and that property is included in Class 44 in Schedule B, in lieu of the amount provided for in section 130R19, the taxpayer may deduct for a taxation year in respect of the property of that class an amount not exceeding the lesser of(a) the aggregate ofi. the part of the capital cost that is determined by reference to the use of the property in the year, and
ii. the amount that would be deductible for the year under section 130R19 in respect of property of that class if the capital cost thereof did not include the amounts determined under subparagraph i for the year and preceding taxation years; and
(b) the undepreciated capital cost to the taxpayer at the end of the year, before any deduction under this section for the year, of property of that class.