Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p6
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 6/73)
Character Range: 168624–171305

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 has been granted.

9A.3  Conduct of examination
 (1) If the Commissioner believes, on reasonable grounds, that there are lawful grounds for revocation of the innovation patent, the Commissioner must state the grounds for revocation in reporting on an examination.
 (2) The patentee may contest a ground for revocation in writing or ask for leave to amend the complete specification in accordance with Chapter 10.
 (3) If the patentee asks for leave to amend a complete specification in response to, or in anticipation of, a report under section 101B of the Act, the Commissioner must examine the specification and report as if each proposed amendment had been made.
 (4) If the patentee contests a ground for revocation, the Commissioner must examine the specification and take note of the matters raised by the applicant.
 (5) If the request for examination was made by a person other than the patentee, the Commissioner must send a copy of the report to the person who requested the examination.

9A.4  Period for examination
  For paragraph 101C(b) of the Act, the examination of a complete specification for an innovation patent must be completed before the end of whichever of the following periods ends latest:
 (a) the period of 6 months from the date on which the first report is issued under section 101B of the Act;
 (b) the period mentioned in paragraph 13.4(1)(d);
 (c) if an appeal has been made to a prescribed court in relation to the patent—the period of 3 months from the date on which the appeal is withdrawn, finally dealt with or determined, or such longer period as the court allows;
 (d) if the Commissioner requires a document to be made available under subsection 43AA(4) of the Act—5 months from the date the requirement is made;
 (e) if:
 (i) the Commissioner has informed the patentee of a notice under subsection 28(1) of the Act; and
 (ii) a ground for revocation is raised based on information in the notice;
  3 months from the date of the report that first mentions the ground for revocation;
 (f) if:
 (i) the Commissioner gives the applicant an opportunity to be heard in relation to a report under section 101B of the Act or regulation 10.2 by:
 (A) notifying the applicant of the date by which written submissions must be filed; or
 (B) notifying the applicant of the date, time and place of an oral hearing; and
 (ii) the Commissioner makes a decision in writing in relation to the