Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p38
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 98147–101029

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 specification comply with the following provisions of the Act:
 (i) section 15 (Who may be granted a patent?);
 (ii) section 29 (Application for patent—general rules);
 (iii) section 29B (Applications for patents—special rules for Convention applications);
 (iv) section 38 (Time for making complete application);
 (v) section 79B (Divisional applications prior to grant of patent);
 (vi) section 81 (Grant of patent of addition);
 (c) whether acceptance of the request and specification should be refused under section 50 of the Act (application or grant may be refused in certain cases);
 (e) whether a patent cannot be granted on the application because of subsection 64(2) of the Act (grant: multiple applications);
 (f) for a PCT application—whether, to the best of the Commissioner's knowledge, the requirements of subregulations 3.2C(2) and (3) are met.
 (4) If a notice is filed under subsection 27(1) of the Act before the patent request and complete specification to which the notice relates have been accepted under subsection 49(1) of the Act, in examining the patent request and complete specification under section 45 of the Act, the Commissioner must consider a matter stated in the notice that addresses a claim that the invention concerned does not comply with paragraph 18(1)(b) of the Act.

3.19  Conduct of examination: standard patents
 (1) If the Commissioner reasonably believes that there are lawful grounds of objection to the patent request or complete specification, he or she must state the grounds of objection in reporting on an examination.
 (2) The applicant may contest the objection in writing or ask for leave to amend the patent request or complete specification in accordance with Chapter 10.
 (3) If the applicant asks for leave to amend a patent request or complete specification in response to, or in anticipation of, a report under section 45 of the Act, the Commissioner must examine the request and specification and report as if each proposed amendment had been made.
 (4) If the applicant contests the objection, the Commissioner must examine the request and specification and take note of the matters raised by the applicant.

3.22  Disclosure of patent documents and information to International Bureau etc
 (1) The Commissioner may disclose any or all of the following to the International Bureau or a foreign patent office:
 (a) the patent application or patent;
 (b) a document given by the applicant, or another person, to the Commissioner in connection with the patent application or patent;
 (c) a document in the Commissioner's possession that relates to the