Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p37
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 95509–98416

if he or she is reasonably satisfied that:
 (a) it is in the public interest; or
 (b) there are special circumstances that make it desirable.

3.17A  PCT applications—Commissioner not to give certain directions
 (1) This regulation applies to a PCT application that is treated as an application for a standard patent under the Act.
 (2) The Commissioner must not give a direction under section 44 of the Act unless the applicant has complied with the requirements of subsection 29A(5) of the Act.

3.17B  PCT applications—examination requirements
 (1) For subsection 45(1A) of the Act, this regulation prescribes requirements for a PCT application.
 (2) The requirements are that the applicant must:
 (a) give a copy of the international preliminary examination report to the Commissioner; or
 (b) advise that:
 (i) no demand was made under Article 31 of the PCT; or
 (ii) no amendments were made under Article 34 of the PCT; or
 (iii) the demand was made under Article 31 of the PCT, or the international preliminary examination report was established, after the applicant complied with the requirements of subsection 29A(5) of the Act; or
 (c) elect to abandon any amendments that may have been made under Article 34 of the PCT.
 (3) However, subregulation (2) applies only if:
 (a) each of the following applies:
 (i) the applicant demanded an international preliminary examination under Article 31 of the PCT before complying with the requirements of subsection 29A(5) of the Act;
 (ii) at least 3 months after the applicant complied with the requirements of subsection 29A(5) of the Act, the Commissioner asks for a copy of the international preliminary examination report from the International Bureau;
 (iii) the International Bureau advises that the international preliminary examination report is not available; or
 (b) both of the following apply:
 (i) the applicant asks for the examination to be expedited under subregulation 3.17(2);
 (ii) a copy of an international preliminary examination report relating to the application has not been provided to the Commissioner.
Note: Under subparagraph 3.5AC(9)(b)(ii), if the applicant provides the advice, or makes the election, mentioned in paragraph (2)(b) or (c), any amendments made under Article 34 of the PCT are not taken to be included in the application.
 (4) In this regulation:
international preliminary examination report has the same meaning as it has in the PCT.

3.17C  PCT applications—notice if examination declined
  If the Commissioner declines to examine a request and specification under subsection 45(1A) of the Act, the Commissioner must notify the applicant and ask the applicant to meet the requirements in subregulation 3.17B(2).

3.18  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