IPA patent 6.3.6.2-extensions-of-time-to-respond-to-opinions — IP Australia Patent Manual of Practice and Procedure – 6.3.6.2 Extensions of Time to Respond to Opinions

Also in this Chapter: 6.3.6.1 Response to Opinion ​​​​​​​​​​​​​​​​​​​​​​​​​​​​ Key Legislation: Regulations under the PCT: Rule 66.4bis Consideration of Amendments, Arguments and Rectifications of Obvious Mistakes Related Chapters: 6.3.5.1 First IPE Action There are no consequences if an applicant does not respond to an International Preliminary Examination Opinion (IPEO) within the time set to provide such a response. Any response from the applicant is to be taken into account in establishing the International Preliminary Report on Patentability Chapter 2 (IPRPII), provided that the circumstances for invoking Rule 66.4bis do not exist. The applicant is not required to file a request for an extension of time when responding to an IPEO outside the time set to do so in the opinion. However, any such response must be made no later than 1 month before the final date for establishment of the IPRPII. If no response has been made to an IPEO by this time, the case file will be forwarded to the examiner to immediately establish the IPRPII. No extension of time beyond this point will be granted. See also 6.3.5.1 First IPE Action . If a response to an IPEO is filed more than 1 month but less than 3 months before the expiration of the final date for establishing the IPRPII, then under normal circumstances no further IPEO is to be issued, and the IPRPII is to be established forthwith. Note: Any request to extend the time to respond to an International Search Opinion (ISO) will not be granted.