Commonwealth Consolidated Regulations

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Request for re - examination of complete specification

  (1)   For subsections   97(2) and 101G(1) of the Act, a request for re - examination of a complete specification must be in the approved form.

  (1A)   A request must state:

  (a)   the grounds of the request; and

  (b)   the reasons why the grounds are relevant to the complete specification.

  (2)   Subregulations (2A) and (3) apply if the request includes an assertion that the invention, so far as claimed in any claim and when compared with the prior art base that existed before the priority date of that claim:

  (a)   is not novel; or

  (b)   for a standard patent--does not involve an inventive step; or

  (c)   for an innovation patent--does not involve an innovative step.

  (2A)   For subregulation   (2), the request must:

  (a)   identify the documents on which the assertion is based; and

  (b)   state the relevance of each document.

  (3)   The request must have with it:

  (a)   if the document is not available in the Patent Office--a copy of the document; and

  (b)   if the document is not in English--a translation of the document into English; and

  (c)   evidence of the date and place of publication of the document.

  (4)   If the request does not comply with subregulation   (1A), or subregulations (2), (2A) and (3) if applicable, the Commissioner may decide not to re - examine the complete specification.

  (5)   A person who has made a request may, by filing a notice in writing, amend or withdraw the request before the Commissioner reports under section   98 or subsection   101G(2) of the Act.

  (6)   If the person who made the request is not the patentee, the Commissioner must notify the patentee of his or her decision to re - examine the complete specification.

  (7)   A patentee or another person who has requested re - examination of the complete specification under subsection   97(2) or 101G(1) of the Act must give notice to the Commissioner of any relevant proceedings in relation to the patent of which he or she is aware.

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