national pride. Such a system can only be effective in granting patents if the patent office has a sufficient number of suitably qualified technical personnel and has a comprehensive technical documentation centre. Resources of this kind are very expensive, and if such a system is to be self funding, the patent office must receive a significant number of patent applications.
The role of the examiner in search and examination
4.19.
The role of the search examiner is to look through prior documentation to see if the invention is novel and inventive. This may involve enquiries in the direct technical field of the invention and further enquiries in slightly different fields. The examiner after carrying out the search issues a search report setting out his prima facie conclusions on whether the invention is novel and involves an inventive step.
4.20.
The substantive examiner by contrast will review the whole application, in particular the claims, and consider these in the light of the prior art found in the search report. He has to consider whether the patent applied for is novel and, if novel, whether it involves an inventive step. The examiner then has to consider whether a patent can be granted. After discussion with the applicant, he may grant the patent, reject the application, or agree amendments to the documentation so that a patent can be granted.
4.21.
To summarise, an examiner must have knowledge of the technical field, have deductive powers and be capable of reaching reasoned and careful decisions. He must be able to put forward suggestions for amendment and deal with specialists in the field. In addition to degrees in the technical field, an examiner must have experience and practical knowledge. It is understood that the training of an experienced examiner takes a number of years. In brief, examiners are highly skilled, expensive and in short supply.
Resource requirements of offices which conduct full search and examination
4.22.
Staff costs and the costs of establishing and maintaining a technical information centre are the main resource requirements of any patent office which conducts full search and examination.
Resource requirements - staffing
4.23.
From the annual reports and other documentation from various patent offices which conduct search and examination before grant we have gathered the following details of the numbers of applications for patents made to those patent offices and their staffing establishment.
Australian Patent Office (APO)
4.24.
In 1990 there were 26,507 applications for the grant of a patent. There were 234 patent examiners (170 examiners, 50 senior examiners, 12 supervising examiners and 2 Assistant Commissioners of Patents). The Patent Office has administrative service officers, computer systems officers and librarians whose roles include the provision of support for the
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