IPA patent 5.6.12.1-requests-for-pso — IP Australia Patent Manual of Practice and Procedure – 5.6.12.1 Requests for PSO

Also in this Chapter: 5.6.12.2 PSO - Search and examination procedure 5.6.12.3 PSO - Report Requirements 5.6.12.4 Response to the PSO Key Legislation: Patents Act: s43A Preliminary search and opinion​​​​​​​ s45 Examination On this page Introduction Applicant Requested PSO : ​​​​​​​ Fees . Introduction Under s43A, the Commissioner may conduct a preliminary search and opinion (PSO) on a complete application for a standard patent filed on or after 15 April 2013. ​​​ In practice, a PSO will only be conducted where requested by the applicant (applicant requested PSO). A PSO is a report on the main (but not all) grounds of objection that apply under s45. However, examiners should note that the PSO is not intended to be a final or binding determination of the validity of the application and does not replace the usual examination processes. Applicant Requested PSO An applicant may request a PSO at any time before the filing of a request for standard examination. The PSO Practice Officer (Supervising Examiner of ELEC 1) will contact the applicant and advise that a PSO will not be carried out in the circumstance where the PSO request is filed: with a request for examination; or after examination has already been requested. Fees A fee is payable at the time of filing the PSO request. Where the fee is not paid, CEG will send a letter to the applicant indicating that the request will not be acted upon due to non-payment of the fee. An invitation to pay the fee will not be issued and the application will not lapse as a result of failure to pay the fee. Where the applicant wishes to proceed with the PSO, a new request will have to be filed, together with the fee. ​​​​​​​ Where the fee is paid but the PSO cannot be carried out, the fee will be refunded.