Patents Act 1994 · 2020 Revised Edition · Part 6 · Procedure for Grant of Patent
29B. Review of examination report, etc.
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A request for a review of an examination report issued under section 29(4), a search and examination report issued under section 29(5) or a supplementary examination report issued under section 29(6) must be made by filing —
examination
“examination” means an examination conducted by an Examiner in relation to an application for a patent to determine such matters as may be prescribed;
the prescribed form for the request within the prescribed period; and
written submissions to overcome the unresolved objections in the examination report, search and examination report or supplementary examination report, as the case may be.
At the time the request under subsection (1) is made, the applicant may, subject to section 84, amend in the prescribed manner the specification of the application to overcome one or more unresolved objections in the examination report, search and examination report or supplementary examination report, as the case may be.
search
“search” means a search conducted by an Examiner in relation to an application for a patent to discover such matters as may be prescribed;
Upon completing the review of the examination report, search and examination report or supplementary examination report, as the case may be, the Examiner must prepare an examination review report.
supplementary examination
“supplementary examination” means a supplementary examination conducted by an Examiner in relation to an application for a patent to determine such matters as may be prescribed;
Subject to subsection (4A), the examination review report must specify —
whether the Examiner agrees or disagrees with the examination report, search and examination report or supplementary examination report, as the case may be;
where the applicant has amended the specification of the application under subsection (2), whether each unresolved objection in the examination report, search and examination report or supplementary examination report (as the case may be) has been overcome in the amended specification; and
the reasons for the Examiner’s decision under paragraph (a) and, where applicable, paragraph (b).
The examination review report need not specify whether the Examiner agrees or disagrees with the examination report, search and examination report or supplementary examination report (as the case may be) if the applicant had amended the specification of the application for the purpose of overcoming all unresolved objections in the report.
Examiner
“Examiner” means any person, organisation, entity or foreign or international patent office or organisation appointed by the Registrar for the purpose of referring any question or matter relating to patents (including the conduct of any search, examination or search and examination, in relation to an application for a patent, whether before or after the patent is granted), and includes any Deputy Registrar of Patents, and any Assistant Registrar of Patents or public officer to whom the Registrar has delegated, under section 5(1), any of the Registrar’s powers or functions under this Act;
Upon receiving the examination review report, the Registrar must send the applicant —
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
a copy of that report; and
either —
a notice of eligibility to proceed to the grant of a patent, if the Registrar is satisfied by that report that there is no unresolved objection; or
a notice of refusal of the application for a patent, if the Registrar is satisfied by that report that there are one or more unresolved objections.
Where the Registrar has issued to the applicant a notice under subsection (5)(b)(i) —
the applicant must satisfy the conditions under section 30(a) and (c) within the prescribed period; and
if the applicant fails to comply with paragraph (a), the application is treated as abandoned.
Where the Registrar has sent the applicant a notice under subsection (5)(b)(ii), the refusal of the application for a patent takes effect upon the expiry of the prescribed period.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 117(3);