PA15A - Preliminary examination; PR 23, 24 Flashcards
When does preliminary examination happen
S15A(1)
There will be preliminary examination IF
a) the application has a date of filing
b) the application has not been withdrawn or treated as such and
c) the application fee has been paid
What does preliminary examination determine
S15A(2)
Preliminary examination determined
a) if the application complies with formal requirements (and if applicable the claim to priority) i.e. R6-9
b) and if any acts under S13(2) or s15(10) need complying with
What happens once prlimanry examination has been done
S15A(3)
The results are reported to the comptroller, who notifies the applicant accordingly R23
What happens if missing parts are found during preliminary examination
S15A(4)
The results are reported to the Comptroller
What happens IF the report to the comptroller after prelim exam indicates deficiencies (S15A(5))
S15A
6) The comptroller specifies a period in which to
a) make observations upon the report and/or
b) amend the application to comply (without adding matter)
What is the time limit for correcting deficiencies found in prelim exam
Normally TWO MONTHS
What happens if the applicant doesnt amend the application to comply with formal requirements
S15A
(7) The Comptroller can refuse the application
(8) unless
a) the applicant has made observations under S15A(6)(a)
b) the Comptroller agrees the application is in fact compliant
What happens if the preliminary examination report says that designation of inventor or other acts under S15(10) need to be complied with, or drawings or text is missing (S15A(9))
S15A(9)
then the comptroller will notify the applicant (so starting the two month window for rectifying the missing parts)
How long do you have to correct an erroneous priority date
R24 TWO MONTHS from notification to correct
