2.18.7 Priority Dates

Date Published

Examiners should note that where an applicant or patentee successfully rebuts an objection based on sec 64(2) or sec101B, respectively, by indicating that the priority dates of the claims involved are not the same, a novelty objection based on whole of contents will then apply against whichever application or patent has the later priority date.

Note:

  • If the later case is a standard application that has not yet commenced examination, examiners must place a case note outlining the situation on the file.
  • If the later case is a granted standard patent, or a certified innovation patent, examiners must consult Patent Oppositions with a view to initiating re-examination.
  • If the later case is a granted innovation patent, examiners must consult Patent Oppositions with a view to initiating examination.