2.22.5.7 Supervision of Reports

Re-examination reports are to be supervised by a senior examiner (or if the report is done by a senior examiner, peer-reviewed by another senior examiner).  This applies to both adverse and non-adverse reports, apart from third and higher adverse reports (see below).  An email is then sent to Patent Oppositions (email to ohl@ipaustralia.gov.au) advising that supervision is complete. Patent Oppositions will perform an editorial review to ensure that all reports are broadly consistent in style. Once the examiner has made any changes directed by Patent Oppositions, the report is dispatched in the usual manner. However, Patent Oppositions must also be advised of the date of issue, as per 2.22.7 Copy of Report on Re-Examination.

If a third adverse report is to be issued, this is to be considered by a supervising examiner. If the supervising examiner agrees that there are valid issues and that the arguments have reached an impasse, the case should be referred to the Assistant General Manager (OEP) to determine whether the matter is best progressed by way of a hearing.

Fourth adverse reports dealing with substantive problems must be reviewed by Patent Oppositions before being dispatched, to determine whether refusal or revocation action should be initiated instead.

It should be noted that it is the overall number of reports that have been issued since the initial re-examination report that is counted, regardless of whether they were strictly adverse re-examination reports, or adverse reports on sec 104 amendments filed in response to a previous re-examination report.