Between Acceptance and Grant (Applications for Standard Patents)

Date Published

At any time between acceptance of a standard patent application and grant of the corresponding patent, the Commissioner may decide to re-examine the application. The decision to re-examine an accepted application is entirely at the discretion of the Commissioner, i.e. no third party (including an opponent) has a right to ask for re-examination to occur before grant.

A decision to re-examine will typically arise during this period as a result of:

  • quality review;

  • new prior art;

  • sec 27 notice; or

  • withdrawn opposition.

In addition, applicants may themselves provide search results or documents that they wish to have considered.

Note: Commissioner initiated re-examination of an application which is related to another application undergoing examination, should be discussed with Patent Oppositions prior to issuing any re-examination report.