IPA patent 7.11.1.10-examination-report-delayed-or-not-received — IP Australia Patent Manual of Practice and Procedure – 7.11.1.10 Examination Report Delayed or Not Received

Also in this Chapter: 7.11.1.1 Relevant Act 7.11.1.2 Subsection 223(1) - Office Error 7.11.1.3 Subsection 223(2) - Error or Omission and Circumstances Beyond Control 7.11.1.4 Subsection 223(2A) - Despite Due Care ​​​​​​​ 7.11.1.5 Common Deficiencies in Requests under Section 223(2) or (2A) 7.11.1.6 Advertising an Extension - Subsection 223(4) 7.11.1.7 Extension of Time for an Extension of Term 7.11.1.8 Grace Period Extensions 7.11.1.9 Extension of Time to Gain Acceptance ​​​​​​​ 7.11.1.11 Co-pending Section 104 Application - Budapest Treaty Details 7.11.1.12 Payment of Continuation or Renewal Fees Pending a Section 223 Applicaiton 7.11.1.13 Person Concerned: Change of Ownership 7.11.1.14 Date of a Patent Where an Extension of Time is Granted to Claim Priority Key Legislation: Patents Act: s223 Extensions of time Related Chapters: ​​​​​​​ 5.6.2.7 Report Dispatch, Correction of Report etc. Section 223(1) may be applicable to extend the time for acceptance where an examiner’s first report was established but was not received due to an error by a person at the Patent Office. For example, it may have been sent to the wrong address for service. If the report was sent to the correct address but was delayed or not received (e.g. delayed or not delivered by post) then section 223(2)(b) is more applicable. On the other hand, if the report was received but misplaced by the applicant, it is likely that section 223(2)(a) would be the appropriate remedy. See 5.6.2.7 Report Dispatch, Correction of Report etc. for more detail regarding delays or non-receipt of examiner's reports.