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Introduction

Statutory requirements

1.1 Upon receiving a request from the applicant for a search and examination or an examination under Section 29, Rule 2A(1)1 sets out the matters to be determined by an Examiner when conducting an examination are, inter alia —

a. whether, taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that has been discovered in a search —

(i) each claim of the invention disclosed in the application satisfies each condition or requirement for patentability under section 13;

(ii) the conditions specified in section 25(4) and (5) have been complied with;

(iii) the application discloses any additional matter referred to in section 84(1) or (1A) or any matter referred to in section 84(2);

d. whether there is —

(i) any other application for a patent for the same invention, with the same priority date, filed by the same applicant or his successor in title; and

(ii) any earlier grant of a patent for the same invention, with the same priority date, to the same applicant or his successor in title. 1.2 The Guidelines aims to provide the Examiner with a better understanding to the application of the Patents Act and Rules during the course of their work.

1.2 The Guidelines aims to provide the Examiner with a better understanding to the application of the Patents Act and Rules during the course of their work.


1 In the Patents Act with effect immediately before 14/02/2014, the matters to be determined during an examination were prescribed in Section 29.