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IPA patent 5.6.17-annex-b---examination-of-national-phase-applications--indicators-of-special-or-different-considerations
IPA patent 5.6.17-annex-b---examination-of-national-phase-applications--indicators-of-special-or-different-considerations — IP Australia Patent Manual of Practice and Procedure – 5.6.17 Annex B - Indicators of Special or Different Considerations
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Also in this Chapter:
5.6.1 Relevant Dates, Definitions, Legal Standards, and Other Prescribed Matters (e.g. Publication)
5.6.2 Factors to consider before commencing examination
5.6.3 The Specification and Claims to Examine ;
5.6.4 Citations: Prior art base and construction of prior art
5.6.5 Novelty, Whole of Contents, and Secret Use
5.6.6 Inventive Step
5.6.7 Full Disclosure, Sufficiency, Clarity, Support and Usefulness (s40)
5.6.8 Patent Eligible Subject Matter (Manner of Manufacture)
5.6.9 Acceptance, Grant, and Refusal of Applications
5.6.10 Divisional applications
5.6.12 Preliminary search and Opinion (PSO)
5.6.13 Re-examination
5.6.14 Secret cases and applications involving associated technologies (i.e. nuclear weapons)
5.6.15 Innovation Formalities and Innovative Step
5.6.16 Annex A - Procedural Outline for Full Examination of a Standard Patent Application
5.6.18 Annex C - Applicant and Inventor Details as Shown on PCT Pamphlet Front Page
5.6.19 Annex D - Example of PCT Pamphlet Front Page
Formalities
Formality requirements vary depending on national phase entry date.
5.3.1.1 Formalities required and assessed at filing
Patent Request
Not required as front page of pamphlet suffices.
5.3.3.2 Specific requirements for the patent request
Notice of Entitlement
5.4.2 Statement of entitlement
Specification
Early national phase entry.
5.3.1.1 Formalities required and assessed at filing
3.3.2 Use of FERs (earlier search and examination reports)
Pamphlet in a foreign language.
5.6.2.5 Translation of Specifications (requirements for certification, poor translations)
Article 19 and/or Article 34 amendments
5.6.3.1 Consideration of Amendments made prior to Examination
5.3.1.2 Credible address for service
5.6.2.5 Translation of Specifications (requirements for certification, poor translations)
Search Strategy
ISR available
ISR not available
3.3.2 Use of FERs (earlier search and examination reports)
Examination
IPE report available
3.3.2 Use of FERs (earlier search and examination reports)
Priority Documents
Where required
5.6.2.6 Obtaining priority documents
Amendments
Article 19, Article 34, Rule 91, Rule 92
5.6.3.1 Consideration of Amendments made prior to Examination
Section 104
5.7.4.2 Allowability of amendments before acceptance
