We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights. Specific Delegations

Date Published

These delegations are given to specific persons, usually for a specific task. A specific delegation usually includes delegated powers not covered by a general delegation. For example, senior examiners do not have a general delegation of the power to refuse to accept a patent application following an examiner's adverse report, or to hear and decide an opposition, and require a specific delegation to carry out these functions. Note that apart from the Commissioner, the deputy commissioners and hearing officers, no-one has the power of refusal to accept an application without a specific delegation to do so.

If a delegate is unable to complete a delegated task (e.g. a hearing officer dying between a hearing and the issuing of a decision), no-one else can exercise that delegation, and the task may have to be recommenced (e.g. a new hearing).

However, where the delegation implicitly (or explicitly) relates to several tasks (e.g. an initial hearing and decision, and a final hearing and decision), the unavailability of the delegate after completion of some of those tasks does not invalidate those tasks completed by the delegate.

See R. v Smith; Ex parte Mole Engineering Pty Ltd 147 CLR 340.

Back to top