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Examination Review

General process

10.6 The general process for an examination review is as follows:

  • The Registry shall check that the request for an examination review has been made within the prescribed period and that the required forms have been filed. The request for a review of the examination report should be made within 2 months after the date of the Registrar’s letter forwarding to the applicant the notice under Section 29A(3) (Rule 46A(2)), by filing the prescribed Patents Form 12B (Rule 46A(1)). Written submissions to overcome the unresolved objections in the examination report should also be filed in order to meet the requirements of Section 29B(1). Optionally, the applicant may, at the time the request is made, subject to Section 84, amend the specification of the application to overcome one or more unresolved objections in the examination report (Section 29B(2) and Rule 46A(3) and (4)).
  • If the necessary requirements are met Registry then forwards the application to an Examiner to perform the examination review. Generally, the Examiner performing the examination review will be different from the Examiner who established the examination report.
  • Upon completing the examination review, the Examiner prepares an examination review report (Section 29B(3) and Section 29B(4)) which is forwarded to the Registrar.
  • Upon receiving the examination review report, the Registrar sends the applicant a copy of that report (Section 29B(5)(a)). If the Registrar is satisfied by the examination review report that there is no unresolved objection, the Registrar will proceed to issue to the applicant a notice of eligibility to proceed to the grant of a patent (Section 29B(5)(b)(i)). If the Registrar is satisfied by the examination review report that there are one or more unresolved objections, the Registrar will proceed to issue to the applicant a notice of refusal of the application (Section 29B(5)(b)(ii)).
  • In accordance with Section 29B, there is no opportunity for the applicant to respond to an adverse examination review report which contains one or more unresolved objections.
  • If a notice of eligibility to proceed to the grant of a patent hasbeen issued, the applicant will have 2 months to meet the requirements for the grant of the patent under Section 30(a) and (c) (Section 29B(5A)(a) and Rule 47(2)). If the applicant fails to comply with those requirements within the prescribed period, the application shall be treated as abandoned (Section 29B(5A)(b)).
  • If a notice of refusal of the application has otherwise been issued, that refusal shall take effect upon the expiry of 2 months after the date of the Registrar’s letter forwarding the notice (Section 29B(6), Rule 46A(5)).