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2.15.7.4 Request for Basic Specification

Date Published

The Commissioner will only request an applicant to file a basic specification and/or its translation* in certain circumstances (see 2.21.3.8 Basic Specifications).  A request by the Commissioner for a copy of the basic specification and/or its translation may in some circumstances extend the period of time for acceptance by up to 5 months.   

*Note: For translations that were filed before or on 25 September 2019, a certificate of verification for the translation must also be provided.

In general, an applicant has 3 months from the date of the request in which to provide the documents (reg 3.14D(2)).  However, where the period ending 5 months from the date of a report that first requests the applicant to provide a basic specification and/or its (verified) translation extends beyond the final date for acceptance (FDA) that otherwise applies, the FDA will be the later date, i.e. 5 months from the date of the report which first mentions the objection (reg 13.4(1)(k)).

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 a request by the Commissioner for the applicant to provide a copy of a basic specification.​​​​​​​​​​​​​​

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)(k) provide that the final date for acceptance of this application is now 5 months from the date of this report.

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