PA 21 – Observations by third parties; PR 33

Question 1

What does S21 concern

Answer 1

Third party observations

Question 2

Who can file third party observations

Answer 2

S21(1)
ANY other person may write to the comptroller questioning the application’s PATENTABILITY

Question 3

When can third party observations be filed

Answer 3

S21(1)
Between publication and the administrative date of grant

Question 4

Does the third party making observations become party for proceedings

Answer 4

S21(2)
Filing observations does NOT make you party to proceedings

Question 5

What does the Comptroller do when third party observations are filed

Answer 5

R33
(1) sends applicants a copy of the observations received
(3) may also send copies of document cited therein
(4) and send the observations to the Examiner

Question 6

When will the Comptroller not send an applicant a copy of third party observations

Answer 6

R33(2)
if they think they are:
a) damagingly disparaging
b) likely to incite offensive, immoral, or anti-social behaviour

Question 7

When will the Comptroller not send third party examinations to the examiner

Answer 7

R33(5)
if the Examiner has already issued a s18(4) (intent to grant) report

Question 8

What happens if third party observations are made within the last THREE MONTHS of the R30 compliance period

Answer 8

if they result in a S18(3) exam report, the applicant is given a total of THREE MONTHS to put the application in order