Deposit Requirements in Modified Examination

Date Published

Note: The Act ceased to allow the filing of requests for modified examination on 15 April 2013.

During modified examination, examiners must consider if the deposit requirements specified in sec 6 are satisfied. Under reg 3.18(3), the specification is allowed to differ from the foreign patent to the extent that difference is necessary for the application to comply with the deposit requirements.  

Note: Where a micro-organism deposit is relied upon, the applicant must file the necessary prescribed documents (see Deposit Receipt and Notice of Entitlement to Rely on Deposit).