Commonwealth Consolidated Regulations

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Report of Commissioner: examination

  (2)   For paragraph   45(1)(d) of the Act, the following matters are prescribed:

  (a)   whether, to the best of the Commissioner's knowledge, the request and specification comply with the following provisions of the Act:

  (i)   section   15 (Who may be granted a patent?);

  (ii)   section   29 (Application for patent--general rules);

  (iii)   section   29B (Applications for patents--special rules for Convention applications);

  (iv)   section   38 (Time for making complete application);

  (v)   section   79B (Divisional applications prior to grant of patent);

  (vi)   section   81 (Grant of patent of addition);

  (c)   whether acceptance of the request and specification should be refused under section   50 of the Act (application or grant may be refused in certain cases);

  (e)   whether a patent cannot be granted on the application because of subsection   64(2) of the Act (grant: multiple applications);

  (f)   for a PCT application--whether, to the best of the Commissioner's knowledge, the requirements of subregulations   3 .2C(2) and (3) are met .

  (4)   If a notice is filed under subsection   27(1) of the Act before the patent request and complete specification to which the notice relates have been accepted under subsection   49(1) of the Act, in examining the patent request and complete specification under section   45 of the Act, the Commissioner must consider a matter stated in the notice that addresses a claim that the invention concerned does not comply with paragraph   18(1 )( b) of the Act.

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