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Date Published

Chapter 9A requires the Commissioner to carry out examination of an innovation patent if requested to do so by the patentee or a third party. The Commissioner may also decide to carry out examination.  Only a granted innovation patent can be examined.

Once examination has commenced, no further requests for examination can be made (reg 9A.1(5)).

Fees Payable

If patentees request examination, they must pay an examination fee. If a third party requests examination, both the third party and the patentee must pay an examination fee.  If the patentee fails to pay this fee, the patent will cease. If the Commissioner decides to examine the innovation patent, the patentee is not required to pay any fee.

Withdrawal of Request

Only the person who requested examination can withdraw the request and withdrawal can only be based on error. The request for examination cannot be withdrawn after examination has begun (reg 9A.1(4)).

Examination Practice

All examiners hold the delegation to examine innovation patents, however acceptance delegation is required for certification.

Where a third party requests examination, a copy of each adverse report is to be sent to that party, as well as the patentee (see Examiner's Adverse Report to 3rd Party).

In the case of a clear report, COG will send a notice of certification to the third party once the innovation patent has been certified.

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