Citation Not OPI

Date Published

If a potential citation is not published at the time of examination, but it is likely that publication will take place (e.g. the citation is not lapsed or withdrawn), then the report should include a note indicating a potential "whole of contents" objection.

If the nominated person of the application being examined is the same as that of the citation, the note should also identify the potential citation and indicate that it is not yet OPI.

If the nominated persons are different, examiners should not identify the potential citation. The note should simply indicate that an application exists which, when published, would provide the basis for a "whole of contents" novelty objection and when this citation is due to become OPI.

The time for acceptance of an application subjected to a "whole of contents" objection may be extended, where necessary, until 3 months after the date of publication, lapsing, refusal or withdrawal of the "whole of contents" citation (whichever is the earliest). In these circumstances, examiners should follow the procedures outlined in Objections Based on “Whole of Contents” for extending the time for acceptance.

However, acceptance should not be delayed if the publication date or the fact of publication is uncertain.