Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 22.15A

  (1)   This regulation applies if:

  (a)   a translation of a document into English is filed; and

  (b)   the Commissioner reasonably believes that the translation does not accurately reflect the contents of the document.

  (2)   The Commissioner may, by notification given to the person who filed the document, require the person to do either of the following within 2 months after the day the notification is given to the person:

  (a)   file a corrected translation of the document and a certificate of verification for the corrected translation;

  (b)   file a certificate of verification for the translation.

  (3)   If:

  (a)   the notification is given in relation to an application for a standard patent; and

  (b)   the person to whom the notification is given is the applicant for the standard patent; and

  (c)   the person does not comply with the notification within the period specified in subregulation   (2); and

  (d)   the application for the standard patent has not been accepted;

the application for the standard patent lapses at the end of that period.

  (4)   If an application lapses under subregulation   (3), the Commissioner must:

  (a)   advertise that fact in the Official Journal ; and

  (b)   notify the applicant that the application has lapsed.

  (5)   If:

  (a)   the notification is given in relation to a translation filed as part of a notice of an assertion under subsection   27(1) or 28(1) of the Act; and

  (b)   the person to whom the notification is given does not comply with the notification within the period specified in subregulation   (2);

the Commissioner may take that fact into account in deciding how much weight (if any) to give to the notice of the assertion.

  (6)   If:

  (a)   the notification is given in relation to a translation filed as part of a request for re - examination of a complete specification; and

  (b)   the person to whom the notification is given does not comply with the notification within the period specified in subregulation   (2);

the Commissioner may decide not to re - examine the complete specification.

  (7)   If:

  (a)   the notification is given in relation to a translation of any other document; and

  (b)   the person to whom the notification is given does not comply with the notification within the period specified in subregulation   (2);

the Commissioner may take one or more of the actions listed in subregulation   (8) in relation to the person if the Commissioner is satisfied, on the balance of probabilities, that it is appropriate in the circumstances to take the action.

  (8)   The actions the Commissioner may take are:

  (a)   if the person to whom the notification is given is an applicant for a patent--a refusal to grant the patent; or

  (b)   the drawing of an inference unfavourable to the person's interest in proceedings before the Commissioner.

  (9)   In deciding whether it is appropriate to take the action, the Commissioner must consider the following:

  (a)   whether the person has a reasonable excuse for refusing or failing to comply with the notification;

  (b)   any other matter the Commissioner considers to be relevant.