Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p4
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 4/73)
Character Range: 163783–166393

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.

9.3  Copy of report on re‑examination
 (1) If a person who asked for the re‑examination is not the patentee, a copy of the report under section 98 or subsection 101G(2) of the Act must be given to the person by the Commissioner.
 (2) The Commissioner must give an opponent under Chapter 5 of the Act a copy of the report in respect of a complete specification in relation to the application in respect of which the grant of a patent is opposed.

9.4  Prescribed period: statement disputing report by Commissioner
 (1) For subsection 99(1) or 101H(1) of the Act, the prescribed period is the period of 2 months from the day when the Commissioner reports under section 98 or subsection 101G(2) of the Act.
 (2) The Commissioner must give a copy of a statement filed under subsection 99(1) or subsection 101H(1) of the Act to:
 (a) an opponent under Chapter 5 of the Act in respect of the re‑examined complete specification in relation to the application in respect of which the grant of a patent is opposed; and
 (b) if the person who asked for the re‑examination is not the patentee—that person.

9.5  Completion of re‑examination
  If the Commissioner makes an adverse report on a re‑examination under subsection 97(1) of the Act and:
 (a) a statement is 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 3 months from the day when the Commissioner reports under section 98 of the Act; or
 (ii) the applicant or patentee asks for