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IPA patent 7.8.3.2-hearings-near-the-final-date-for-acceptance
IPA patent 7.8.3.2-hearings-near-the-final-date-for-acceptance — IP Australia Patent Manual of Practice and Procedure – 7.8.3.2 Hearings Near the Final Date for Acceptance
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Also in this Chapter:
7.8.3.1 Overview of Proceedings
Key Legislation:
Patents Regulations:
reg 9A.4 Period for examination
reg 13.4 Prescribed period: acceptance of request and specification
For standard patent applications where the request for examination was filed and a hearing is requested within the period for gaining acceptance, the time for acceptance may be extended until 3 months from the date the decision is made ( reg 13.4(1)(g) ).
This provision only applies if a decision issues (and the application is not refused in the decision).
Note that similar provisions apply to innovation patents – where the request for examination was filed and a hearing is requested within the period for gaining certification, the time for certification may be extended until 3 months from the date the decision is made ( reg 9A.4(f) ).
