Dealing with Comments

Date Published

When comments on a statement of proposed amendments are received from an opponent, examiners must reconsider any previous report or opinion under sec 104, having regard to those comments.

The opponent can provide comments on any issue and is not restricted to the allowability criteria of sec 102. Thus, for example, the opponent may address issues of novelty. However, adverse comments that go beyond the sec 102 criteria are irrelevant to the allowability of the amendments and therefore cannot form the basis of an objection in an adverse report under sec 104.

For information on the procedures to be followed when comments are received from an opponent, see 2.23 Annex A – Section 104 Amendments During Opposition Proceedings: Check Sheet.