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2.2.6 Responsibility for Furthers, Voluntary Section 104 Amendments

Date Published

Furthers

Examiners are responsible for their own furthers, provided they remain employed as an examiner of patents (including senior examiners and supervising examiners). Where an examiner is unable to complete a further within the Customer Service Charter timeframe due to leave, the further is to be assigned to the section that is currently responsible for the primary sub-class (primary IPC mark) allocated to the application.  Similarly, where an examiner has ceased to be employed as an examiner, any further is to be assigned to the section that is currently responsible for the primary IPC mark allocated to the application.


Voluntary Section 104 Amendments

All voluntary sec 104 amendments will be assigned by COG to the section that is currently responsible for the primary IPC mark allocated to the application. Notwithstanding this, in the case of post-acceptance sec 104 amendments, it is the responsibility of the examiner who originally examined the application to examine the sec 104 request, even if that examiner is now located in another section.

If the original examiner is not available, and the application was accepted by another examiner, then responsibility for examining the sec 104 request falls to the acceptance examiner. If neither the original examiner nor the acceptance examiner is available, then the sec 104 request is to be assigned to the section that is currently responsible for the primary IPC mark allocated to the application.


Note: As a general principle, sections should cooperate with one another to facilitate the processing of furthers and sec 104 requests.  For example, where a primary IPC mark has recently been transferred from one section to another, the sections involved may come to some arrangement for the handling of furthers or sec 104 requests.

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