Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p5
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 5/73)
Character Range: 166173–168886

applicant an opportunity to be heard that is referred to in subsection 107(2) of the Act within 3 months from the day when the Commissioner reports under section 98 of the Act; or
 (ii) the applicant or patentee asks for leave to amend the complete specification to remove any lawful grounds of objection specified in a report on re‑examination within 3 months from the day referred to in subparagraph (i);
  the re‑examination is completed when the decision is made whether or not the amendment is allowed; or
 (b) a statement is filed under section 99 of the Act and subparagraphs (a)(i) and (ii) do not apply—the re‑examination is completed 2 months from the day when the Commissioner reports under section 98 of the Act; or
 (c) a statement is not filed under section 99 of the Act and:
 (i) the Commissioner gives the applicant an opportunity to be heard that is referred to in subsection 107(2) of the Act within 2 months from the day when the Commissioner reports under section 98 of the Act; or
 (ii) the applicant or patentee asks for leave to amend the complete specification to remove any lawful grounds of objection specified in a report on re‑examination within 2 months from the day when the Commissioner reports under section 98 of the Act;
  the re‑examination is completed when the decision is made whether or not the amendment is allowed; or
 (d) a statement is not filed under section 99 of the Act and subparagraphs (c)(i) and (ii) do not apply—the re‑examination is completed 2 months from the day when the commissioner reports under section 98 of the Act.

Chapter 9A—Examination of innovation patents

9A.1  Request for examination
 (1) A request for examination of a complete specification relating to an innovation patent must be in the approved form.
 (2) If the Commissioner decides, under paragraph 101A(a) of the Act, to examine a complete specification, the Commissioner must notify the patentee about the decision.
 (3) If a request is made under paragraph 101A(b) of the Act by a person other than the patentee, the Commissioner must notify the patentee about the request.
 (4) A request for examination of a complete specification can be withdrawn only:
 (a) by the person who made the request; and
 (b) before examination of the complete specification has begun; and
 (c) if the Commissioner is satisfied, on reasonable grounds, that the request was made in error.
 (5) If examination of a complete specification has begun, no further requests for examination of the specification can be made.

9A.2  Examination of complete specification
  For section 101B of the Act, the Commissioner may examine a complete specification relating to an innovation patent only if the patent