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Examination Review

Overview of examination review

10.1 For the purpose of conciseness, unless otherwise specified, the term “examination report” is used hereinafter in Chapter 10 to refer to:

(a) an examination report issued under section 29(4); or
(b) a search and examination report issued under section 29(5); or
(c) a supplementary examination report issued under section 29(6).

10.2 Section 29A(3) prescribes that where an examination report containsone or more unresolved objections, the Registrar shall issue to the applicant a notice of intention to refuse the application. In such a case, the applicant may, in accordance with Section 29B(1), apply for a review of the examination report within the prescribed period under Section 29A(4)(a). If the applicant fails to apply for a review of the examination report, the application shall be refused, in accordance with Section 29A(4 (b).

10.3 Under Section 29B(1), a request for a review of an examination report shall be made by filing:

(a) the prescribed form for the request within the prescribed period; and
(b) written submissions to overcome the unresolved objections in the examination report.

10.4 At the time the request for a review of the examination report is made, the applicant may also, according to Section 29B(2), amend the specification of the application in the prescribed manner to overcome the unresolved objections in the examination report. Such amendments are subject to the conditions prescribed in Section 84.

10.5 The examination review process, under Section 29B, is predicated on the assumption that the applicant has exhausted all available means to overcome the objections raised by the Examiner during examination or during supplementary examination, and provides the applicant with a final opportunity to address any unresolved objections. During the examination review, matters relating to the examination report under review would generally be decided by a different and, if possible, a more senior Examiner. The examination review process is intended to provide an option for the applicant to continue the prosecution of an application that has been the subject of an adverse examination report. If the examination review report maintains that the application should be refused, an appeal may be made to the Courts.