Commonwealth Consolidated Regulations

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Consequences for certain documents not meeting filing requirements

  (1)   In this regulation:

"document" does not include:

  (a)   a patent request for a standard patent; or

  (b)   a patent request for an innovation patent; or

  (c)   a specification; or

  (d)   an abstract.

  (2)   If a document received at the Patent Office does not substantially comply with regulation   22.15 or the formalities requirements determined in an instrument under section   229 of the Act , or is not in accordance with whichever approved form is applicable, the Commissioner may treat the document:

  (a)   as not having been filed and notify the person from whom it was received, including in the notification a statement indicating how the document or form does not so comply or accord; or

  (b)   as having been filed, but direct the person from whom it was received to do such things as are necessary to ensure that the document will so comply or accord.

  (4)   If the Commissioner gives a direction under paragraph   ( 2 )( b) and the person to whom the direction was given does not comply with that direction within 2 months from the day when it was given, the Commissioner must treat the document as not having been filed.

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