Supplementary Examination

General process

9.10 The general process for supplementary examination is as follows:

  • The Registry checks that the request for supplementary examination has been made within the prescribed period.
  • The Registry checks that the prescribed documents to meet the requirements of Section 29(1)(d) have been filed.
  • If the request and the prescribed documents have been filed and met the prescribed requirements, the Registry will forward the application to the Examiner (Rule 42A(3)).
  • The Examiner determines whether the application meets the prescribed requirements under Section 29(1)(d) and Rule 2A(3) and advises the Registrar accordingly (through establishment of either a written opinion or an examination report).
  • Where a matter is raised in a written opinion, the Registrar will forward the written opinion to the applicant and invite them to address the matter within 3 months of the date of the invitation (Rule 46(4A)).
  • The applicant has one opportunity to respond to an adverse written opinion by filing written submissions and/or amendments. These are forwarded to the Examiner for consideration and subsequent establishment of a supplementary examination report.
  • If the Examiner establishes a supplementary examination report with no unresolved objections, the Registrar will issue a notice of eligibility to proceed to the grant of a patent (Section 29A(1)). The applicant will then have 2 months to meet the requirements for the grant of the patent (Section 30).
  • If there are unresolved objections in the supplementary examination report the Registrar will issue a notice of intention to refuse the application (Section 29A(3)). The applicant will then have 2 months from the date of the Registrar’s letter to request an examination review (Rule 46A(2)). If the applicant does not request an examination review within the prescribed period, the application is refused.