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IPA patent 5.6.9.14-acceptance-and-qrs-issues
IPA patent 5.6.9.14-acceptance-and-qrs-issues — IP Australia Patent Manual of Practice and Procedure – 5.6.9.14 Acceptance and QRS Issues
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Also in this Chapter:
5.6.9.1 Conditions and Time for Acceptance
5.6.9.2 Postponement of Acceptance
5.6.9.3 Extension of Acceptance Period
5.6.9.4 Revocation of acceptance
5.6.9.5 Refusal of acceptance - Specific circumstances
5.6.9.6 Refusal of an Application ;
5.6.9.7 Continued Examination - Result of a decision
5.6.9.8 Lapsing of an application
5.6.9.9 Withdrawal of an application
5.6.9.10 Double patenting, Multiple Applications - s62(2), s101B(2)(h)
5.6.9.11 Parallel Applications (Applications for both innovation and standard)
5.6.9.12 Register of Patents
5.6.9.13 Annex A - Example Bar-to-Grant Letter (Accepted Despite Multiple Inventions)
Where an application has been recommended for acceptance and sampled for quality review, ordinarily the application will not be accepted until the quality review has been appropriately actioned.
Errors may result in an application being accepted where it has been sampled for quality review and the review task has not been properly processed. In these circumstances, the Commissioner does not consider the acceptance to be ultra vires or, in general, to warrant revocation of acceptance. Rather, where this has occurred, the quality review should be undertaken after acceptance to ascertain whether re-examination is appropriate. This should be undertaken expeditiously to ensure that a bar to grant can be put in place where appropriate.
If there are doubts as to the situation and/or the process to be undertaken, please consult Patent Oppositions via OHL@ipaustralia.gov.au.
