Examination
Once the application has been lodged, the Registrar will give it a number and acknowledge receipt. Thereafter, the application goes into a queue awaiting examination. In due course, the Registrar will check the application to ensure that it complies with all the formalities required by the Patents Act and the Regulations. Unlike in many overseas jurisdictions, the application will not undergo any examination to assess the merits of the claimed invention, in other words its novelty, its patentability, and whether it involves an inventive step.
If there are any defects in the formalities, such as a missing power of attorney authorising the patent attorney who lodged your application, the Registrar will notify the applicant — effectively, the patent attorney recorded as the address for service. The Registrar’s directions must be attended to within three months, otherwise the application will be treated as abandoned. An extension of this period can be obtained.