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Date Published

Where an objection is raised based on "whole of contents", then the period of time for acceptance may be extended where necessary (see also Citation Not OPI). The time for acceptance may be extended until 3 months after the date of:

  • publication of the cited specification; or
  • lapsing, refusal or withdrawal of the citation;

whichever is the earliest (reg 13.4(1)(d)).

Where examiners consider that the time for acceptance will be extended, they should first consult Patent Oppositions.  If Patent Oppositions are in agreement, examiners must update the final date for acceptance (FDA) in PAMS prior to creating the examination report in DocGen (see Exam Details).  A case note should be added to the file, stating that the FDA has changed as a result of the whole of contents objection.​​​​​​​

Warning: The FDA should only be changed when it is appropriate to do so.  Examiners should consult Patent Oppositions before changing the FDA in PAMS.

The examination report should indicate that the FDA is a later date.  This later date is to be specified in the report as being the FDA by including an additional comment in the introductory paragraph as follows:

“The provisions of regulation 13.4(1)(d) provide that the final date for acceptance of this application is now <insert appropriate date in bold>.”

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