2.22.5.7 Supervision of Reports

All re-examination reports, both adverse and non-adverse after submission of the task (apart from third and higher adverse reports (see below)) will be automatically assigned to the selected senior/supervising examiner for supervision/quality assurance (QA). If the senior/supervising examiner does not approve, they can send the task back to the examiner for correction. Once the report is approved and the QA task is submitted by the senior/supervising examiner, the report will be assigned to Patent Oppositions for editorial review. For re-examination tasks completed in PAMS, an email must be sent to Patent Oppositions (Email to ohl@ipaustralia.gov.au) advising that supervision is complete. If the re-examination report is approved by Patent Oppositions, it will be sent out to the applicant or patentee.

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.