Annex A - Bar-to-Grant Letter

Date Published

Dear ........,

As you are aware, your application was accepted despite an objection under subsection 64(2).

Before the application proceeds to grant, the Commissioner has a duty to consider whether there is a bar to grant. In this regard, the Commissioner has reconsidered the objection and considers that claims ........ repeat claims ........ of your patent number ......... .

In order to assist you to decide on a course of action, the following explanation is provided.

[Include an explanation of why the sec 64(2) objection is still applicable in the light of any responses from the applicant. This can include a reference to a previous report(s) if appropriate].

You are entitled to be heard before any determination is made.  Should you not wish to be heard, you may file written submissions on the matter.  If the Commissioner remains of the opinion that there is a bar to grant, then a hearing will be set down forthwith to allow you to be heard.

Alternatively, you may file a request to surrender your existing patent or, if you believe that the objection can be overcome by amendment, you may file a request under section 104 to amend either specification.

Consequently, you are requested to either:

a. request a hearing in this matter,

b. file written submissions,

c. file a request to surrender your patent number......., or

d. file a request to amend under section 104,

within 60 days of the date of this letter.

Yours sincerely