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Requirements under Section 29(1)(d)

9.11 Section 29(1)(d) sets out the requirements that an applicant shall comply with at the time of request in order to proceed with a supplementary examination. At filing the Registry will only ensure that:

  • The applicant has filed a request for supplementary examination using Patents Form 12A (Rule 42A(1)); and
  • The applicant has filed the prescribed documents (Rule 42A(2)).

9.12 The Registry will not consider the substance of the documents and their compliance with prescribed requirements. This is left for the Examiner to determine.

9.13 Thus for example, Registry will consider whether a claim correspondence table has been filed but generally will not consider the contents of the table to determine whether the claims are indeed related. Similarly, Registry will consider whether a set of final results have been filed but generally will not determine whether the final results relied on clearly establish that all claims of the application are novel, inventive and industrially applicable. If, for example, the Examiner subsequently finds that the final results have not provided a positive indication on an independent claim but have indicated that a dependent claim is allowable, the Examiner will issue a written opinion, thereby allowing the applicant to amend claims to incorporate the allowed dependent claim into the independent claim during supplementary examination.

9.14 If the prescribed documents appear to have been filed, the Registrar will forward the application to the Examiner for supplementary examination (Section 29(6)).