Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A PCT application is to be taken to comply with the prescribed requirements of this Act and the regulations that relate to patent applications for standard patents but is not to be taken, merely because of section 88, to comply with any other such requirements that apply to it.
(2) The description, drawings and claims contained in a PCT application are not to be taken, merely because of section 88, to comply with the requirements of section 40.
(3) An applicant is not entitled to ask that any action be taken, or that he or she be allowed to take any action, under this Act in relation to a PCT application unless:
(a) if the application was not filed in the receiving Office in English--a translation of the application into English, verified in accordance with the regulations, has been filed; and
(b) in any case--the prescribed documents have been filed and the prescribed fees paid.
(4) If a translation of a PCT application has been filed, being a translation of the kind mentioned in paragraph (3)(a), the description and claims, and any matter associated with the drawings, contained in the application are to be taken to have been amended, on the day on which the translation was filed, by substituting the translation of the description, claims and matter for the original.
(5) Where:
(a) a PCT application has been amended under Article 19 of the PCT; or
(b) a PCT application in respect of which Australia has been elected under Chapter II of the PCT within the period specified in Article 39 of the PCT has been amended under Article 34 of the PCT; or
(c) a PCT application has been rectified under Rule 91 of the Regulations mentioned in the definition of PCT in Schedule 1;
the description, drawings and claims contained in the application are, for the purposes of this Act, to be taken to have been amended on the day on which that amendment or rectification was made.
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