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In forceAmended2020 Revised Edition

Part 6 · Procedure for Grant of Patent

29B. Review of examination report, etc.

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Amended

Last amended by an amending law of 2022. 3 amendments in all.

(1)

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 —

(a)

the prescribed form for the request within the prescribed period; and

(b)

written submissions to overcome the unresolved objections in the examination report, search and examination report or supplementary examination report, as the case may be.

(2)

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.

(3)

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.

(4)

Subject to subsection (4A), the examination review report must specify —

(a)

whether the Examiner agrees or disagrees with the examination report, search and examination report or supplementary examination report, as the case may be;

(b)

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

(c)

the reasons for the Examiner’s decision under paragraph (a) and, where applicable, paragraph (b).

(4A)

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.

(5)

Upon receiving the examination review report, the Registrar must send the applicant —

(a)

a copy of that report; and

(b)

either —

(i)

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

(ii)

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.

(6)

Where the Registrar has issued to the applicant a notice under subsection (5)(b)(i) —

(a)

the applicant must satisfy the conditions under section 30(a) and (c) within the prescribed period; and

(b)

if the applicant fails to comply with paragraph (a), the application is treated as abandoned.

(7)

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.

Report

Part 7

Provisions as to Patents After Grant

Part 8

Property in Patents and Applications for Patents and Registration

Part 9

Employees’ Inventions

Part 10

Contracts as to Patented Products

Part 11

Licences of Right and Compulsory Licences

Part 12

Use of Patented Inventions for Services of Government

Part 13

Infringement of Patents

Part 14

Revocation of Patents and Validity Proceedings

Part 15

Amendments of Patents and Applications

Part 16

International Applications for Patents

Part 17

Legal Proceedings

Part 18

Offences

Part 19

Patent Agents and Foreign Patent Agents

Part 20

Miscellaneous and General

Schedules