Replying to an examination report

What is a patent examination report?

An examination report is a formal letter written by a patent examiner who has assessed (examined) whether your application (and specification) complies with the law and practice. The examination report informs you which parts of your application (and specification) do not comply with the Act. You will generally have up to a maximum of 18 months from the date your application was filed to respond to any of the issues raised in an examination report. The deadline for filing a response will be noted at the bottom of your examination report.

Responding to an Examination report

If you do not agree with any of the issues raised in your examination report, or you are aware of any circumstances that the examiner is unaware of that may help overcome any issue raised, you must notify the examiner in your written response to an Examination Report.

The examiner will consider any written response you make to the examination report. If your response resolves all of the issues, then your application will be accepted. If your response does not resolve all of the issues, then the examiner will write to you again and you will be given another opportunity to respond within the original 18 month period.

How to Respond

Following the submission of your patent application and examination of your application, you will receive an e-mail indicating that there is an examination report in your IPONZ inbox.

To view the patent application that you originally filed, select and click on the relevant case number.

To view and respond to your examination report select Respond to Examination Report next to the relevant case number in the task section of your IPONZ inbox, you will have the following options:

Objection Response Documents 

To place an objection select Add then choose Select Files, you will be able to upload documents in response to the examination report. To complete your request select Submit on the bottom right corner of the webpage.

New Patent Specification

To upload a new patent specification select Add then choose Select Files. If it is a voluntary amendment then pleases check the checkbox and the voluntary amendment fee will be applied.

Request a Hearing

Allows you to request a hearing for this application.