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5.6.9.14 Acceptance and QRS Issues

Date Published

Where an application has been recommended for acceptance and sampled for quality review, ordinarily the application will not be accepted until the quality review has been appropriately actioned.


Errors may result in an application being accepted where it has been sampled for quality review and the review task has not been properly processed. In these circumstances, the Commissioner does not consider the acceptance to be ultra vires or, in general, to warrant revocation of acceptance. Rather, where this has occurred, the quality review should be undertaken after acceptance to ascertain whether re-examination is appropriate. This should be undertaken expeditiously to ensure that a bar to grant can be put in place where appropriate.


If there are doubts as to the situation and/or the process to be undertaken, please consult Patent Oppositions via OHL@ipaustralia.gov.au.