Regulation 46

the description, claims or drawings are so unclear, or the claims are so inadequately supported by the description, that no meaningful opinion can be formed on —

the novelty or inventive step of the claimed invention; or

whether the claimed invention is capable of industrial application;

the invention defined in any claim —

does not appear novel;

does not appear to involve an inventive step; or

does not appear to be capable of industrial application;

the conditions specified in sections 13 and 25(4) and (5) have not been complied with;

the application discloses any additional matter mentioned in section 84(1) or (2) or any matter mentioned in section 84(3);

a claim relates to an invention in respect of which no search has been completed, and the Examiner has decided not to carry out the examination in respect of that claim;

there is —

any other application for a patent for the same invention, with the same priority date, filed by the same applicant or the applicant’s successor in title; or

any earlier grant of a patent for the same invention, with the same priority date, to the same applicant or the applicant’s successor in title.

any claim in the application is not supported by the description of the invention;

at the time the prescribed documents mentioned in section 29(1)(d) are filed, any claim in the application in suit is not related to at least one claim which —

is set out in the prescribed documents relating to the corresponding application, corresponding international application or related national phase application referred to in section 29(1)(d), or to the application in suit during its international phase; and

has been examined to determine whether the claim appears to satisfy the criteria of novelty, inventive step (or non-obviousness) and industrial applicability (or utility);

the invention defined in any claim of the specification of the application does not constitute an invention;

the invention is an invention mentioned in section 13(2) that is not patentable;

the invention is an invention mentioned in section 16(2) that is not to be taken to be capable of industrial application;

there is —

any other application for a patent for the same invention, with the same priority date, filed by the same applicant or the applicant’s successor in title; or

any earlier grant of a patent for the same invention, with the same priority date, to the same applicant or the applicant’s successor in title;

the application discloses any additional matter mentioned in section 84(1) or (2) or any matter mentioned in section 84(3).

written submissions on the Examiner’s opinion; or

an amendment of the specification of the application (whether or not he makes the amendment of his own volition),and where the applicant wishes to make written submissions and amend the specification of the application, he shall do both at the same time.

by striking through any text, figure or other matter to be replaced or deleted; and

by underlining any replacement text, figure or other matter.

an examination report under section 29(4); or

a search and examination report under section 29(5),shall be filed within 5 months after the date of the Registrar’s letter forwarding the written opinion.

the Examiner may, in his discretion, issue a further written opinion to the Registrar stating fully the reasons for the opinion;

paragraphs (2) and (3) shall accordingly apply; and

any response under paragraph (3) to the further written opinion shall be filed within 5 months after the date of the Registrar’s letter forwarding the further written opinion.

send the examination report, or the search and examination report, to the Registrar before the expiry of 18 months after the date of the Registrar’s invitation under paragraph (2) to file a response to the first written opinion in respect of the examination report or the search and examination report, as the case may be; and

send the supplementary examination report to the Registrar before the expiry of 6 months after the date of the Registrar’s invitation under paragraph (2) to file a response to the written opinion in respect of the supplementary examination report.

the Registrar shall inform the Examiner accordingly; and

upon the expiry of that period, the first written opinion shall be treated as the examination report or the search and examination report, as the case may be.

the Registrar shall inform the Examiner accordingly; and

upon the expiry of that period, the written opinion shall be treated as the supplementary examination report.

the Registrar shall inform the Examiner accordingly; and

upon the expiry of that period, the further written opinion shall be treated as the examination report or the search and examination report, as the case may be.