Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(2) For the purposes of paragraph 45 (1) (d) or 48 (1) (c) of the Act, the following matters are prescribed:
(a) whether, to the best of the knowledge of the Commissioner, the request and specification comply with the following provisions of the Act:
(i) section 15 ('who may be granted a patent?');
(ii) section 29 ('application for patent');
(iii) section 38 ('time for making complete application');
(iv) section 79B (divisional applications prior to grant of patent);
(v) section 81 ('grant of patent of addition');
(vi) section 94 ('Convention applicants may make Convention applications');
(vii) section 95 ('manner of making Convention applications');
(c) whether acceptance of the request and specification should be refused under section 50 of the Act ('application or grant may be refused in certain cases');
(d) whether the invention is not a patentable invention because of subsection 18 (2) of the Act ('patentable inventions');
(e) whether a patent cannot be granted on the application because of subsection 64 (2) of the Act ('grant: multiple applications');
(f) whether the applicant is entitled to ask that any action be taken, or that he or she be allowed to take any action, because of subsection 89 (3) of the Act ('modified application of Act').
(3) For the purposes of paragraph 48 (1) (c) of the Act, the following matters are prescribed:
(a) in the case of an invention to which section 6 of the Act applies -- whether, to the best of the knowledge of the Commissioner, the requirements of section 6 of the Act are satisfied;
(b) whether the specification under modified examination is the same as the specification (the foreign specification ) relating to the patent granted in the prescribed foreign country, apart from:
(i) matters of form; or
(ii) the omission of a claim that is made in the foreign specification; or
(iii) an amendment of a claim that is consequential on an omission referred to in subparagraph (ii); or
(iv) an obvious mistake in the foreign specification; or
(v) if the micro‑organism deposited in respect of the foreign specification is the same micro‑organism as that deposited in respect of the specification, a difference relating to matter referred to in paragraph 6 (c) of the Act that is necessary for the application to comply with the deposit requirements.
(4) If a notice is filed under subsection 27 (1) of the Act before the patent request and complete specification to which the notice relates have been accepted under subsection 49 (1) of the Act, in examining the patent request and complete specification under section 45 or 48 of the Act, the Commissioner must consider a matter stated in the notice that addresses a claim that the invention concerned does not comply with paragraph 18 (1) (b) of the Act.