An objection based on a document from a sec 27 notice may in some circumstances extend the period of time for acceptance by up to 3 months (see also 2.13.11.2 Action by Examiner, Notices Received After Issue of Adverse Report).

Where the period ending 3 months from the date of a report that first raises an objection based on a sec 27 notice extends beyond the final date for acceptance (FDA) that otherwise applies (generally 12 months from the date of the first report), the FDA will be the later date, i.e. 3 months from the date of the report which first mentions the objection (reg 13.4(1)(l)(i)).

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 FDA in PAMS prior to creating the examination report in DocGen (see 5.5.3.4 Exam Details). A case note should be added to the file, stating that the FDA has changed as a result of an objection based on a sec 27 notice.

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)(l)(i) provide that the final date for acceptance of this application is now 3 months from the date of this report."

The report should identify any documents arising from a sec 27 notice which form the basis of an objection.

Documents From Section 27 Notice – Outstanding Request for Corrected Translation or Certificate of Verification

Note: The information in this part only applies to translations filed after 25 September 2019.

Where a document accompanying a sec 27 notice is not in English, the person filing the notice is required to provide a translation (see 2.13.11.1 Notifications).

In rare circumstances the person who filed the notice may be requested to file either:

a corrected translation of the document and a certificate of verification for the corrected translation; or
a certificate of verification for the translation

(see 2.13.11.2 Action by Examiner, Incorrect Translation of Documents).

Where the corrected or verified translation has not been received prior to issuing an examination report, examiners should, following consultation with Patent Oppositions, include an additional comment in the introductory paragraph of the report as follows:

“Note: A section 27 notice has been filed in respect of this application. The notice is accompanied by a translation of a document. The person who filed the notice has been requested to provide a corrected translation of the document and a certificate of verification for the corrected translation, or a certificate of verification for the translation of the document, under regulation 22.15A.

Following receipt of the corrected/verified translation, the final date for acceptance of this application may change under regulation 13.4(1)(c) or regulation 13.4(1)(l).”

Where a novelty or inventive step objection is subsequently raised based on the corrected/verified translation, and examiners consider that the time for acceptance will be extended, they should first consult Patent Oppositions. If Patent Oppositions are in agreement, examiners should follow the procedures for extending the time for acceptance outlined in this section or in 2.15.7.3 Request for Corrected Translation or Certificate of Verification as appropriate.