Clause 3

by inserting, immediately before the word “file” in subsection (1)(d), the words “subject to subsection (11A),”;

by deleting the word “The” in subsection (9) and substituting the words “Unless the request under subsection (1)(b), (c) or (d) or (3) for the examination report, search and examination report or supplementary examination report is withdrawn under subsection (10) or (11), the”;

by deleting subsections (10) and (11) and substituting the following subsections:“(10) Despite subsection (1), where an applicant has filed a request for an examination report under subsection (1)(c) or (3), or a request for a search and examination report under subsection (1)(b), the applicant may —

withdraw that request —

in any case where an Examiner has given a written opinion under subsection (7), and the applicant has not responded to the written opinion — at any time before the expiry of the prescribed period mentioned in subsection (9)(a); or

in any other case — at any time before the examination report or search and examination report is issued under subsection (4) or (5); and

subject to subsection (11A), file a request for a supplementary examination report under subsection (1)(d) within the prescribed period for that request.(11) Despite subsection (1), where an applicant has filed a request for a supplementary examination report under subsection (1)(d), the applicant may —

withdraw that request —

in any case where an Examiner has given a written opinion under subsection (8), and the applicant has not responded to the written opinion — at any time before the expiry of the prescribed period mentioned in subsection (9)(a); or (ii)in any other case — at any time before the supplementary examination report is issued under subsection (6); and

file a request for a search and examination report under subsection (1)(b) or a request for an examination report under subsection (1)(c) or (3) within the prescribed period for that request.(11A) Subsections (1)(d) and (10)(b) do not apply unless —

in any case where the application in suit is a new application mentioned in section 20(3), 26(11) or 47(4) — the actual date of filing of the application in suit is before the prescribed date; or

in any other case — the date of filing of the application in suit is before the prescribed date.”;

by deleting paragraph (a) of subsection (12) and substituting the following paragraph:“(a)subject to subsection (13), if the applicant fails to do one of the following:

comply with paragraph (b), (c) or (d) of subsection (1) within the period prescribed under that subsection for that paragraph;

where subsection (3) applies, comply with that subsection;”;

by inserting, immediately after the words “subsection (1)(c)” in subsection (12)(c), the words “or (3)”; and

by inserting, immediately after subsection (12), the following subsections:“(13) Where —

after receiving the search report under subsection (2)(b) from the Registrar, the applicant does not file a request for an examination report under subsection (3) within the prescribed period mentioned in that subsection; and

the time prescribed for filing a request for an extension of the prescribed period mentioned in subsection (3) expires before, or within 3 months after, the date of commencement of section 3(f) of the Patents (Amendment) Act 2017, the application is treated as abandoned if the applicant fails to file the request for an examination report under subsection (3) within 6 months after that date.(14) In this section, “actual date of filing”, in relation to an application in suit that is a new application mentioned in section 20(3), 26(11) or 47(4), means the actual date of filing of the new application, and not the date of filing of the earlier application mentioned in section 20(3) or 26(11) or of the application for the patent to which the reference relates mentioned in section 47(4), as the case may be.”.