Acceptance and Grant

Date Published

In most situations, acceptance and grant will occur practically simultaneously, the exception being those cases where there is a prohibition on the publication of the patent (see Introduction). Acceptance will normally be carried out by COG. The only exception to this is where there are amendments proposed in response to a formalities direction and these involve more than just substitution of sheets. In this case, the examiner who considers the amendments will have responsibility for accepting the application and must have acceptance delegation.

Note: Proposed amendments to the complete specification, other than those proposed in response to a formalities direction, cannot be allowed until after grant [reg 10.2C(4)].  Where an examiner considers that amendments filed prior to acceptance are not allowable, an adverse report should be issued.  

See also Amendments.

Once an innovation patent application has been accepted it is then granted. Following grant, the patent is published for the first time as an A4 level publication. (If an application does not pass the formalities check, it will lapse non-OPI).

Note: Examination should not be commenced until after an application for an innovation patent has been published which generally follows immediately after acceptance and grant.