Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.1

Prescribed documents: patent applications

  (1)   For the purposes of subsection   29(1) of the Act, an abstract is required to be filed with a patent request made in relation to a complete application.

  (2)   For the purposes of subsection   29(1) of the Act, if a complete application for a standard patent is made, the following documents are required to be filed before acceptance:

  (c)   if a micro - organism is deposited with a prescribed depositary institution:

  (i)   if the deposit is an original deposit within the meaning of Rule   7.3 of the Budapest Treaty or a new deposit within the meaning of Rule   7.4 of that Treaty--a copy of a receipt issued by the institution under Rule   7 of the Treaty; and

  (ii)   if samples of the micro - organism were transferred to that institution under Rule   5.1(a)(i) of the Treaty--a copy of a receipt issued by the institution under Rule   7 of the Treaty; and

  (iii)   if a receipt referred to in subparagraph   (i) or (ii) is not in English--a translation of the receipt into English; and

  (d)   if the application relies on section   6 of the Act--a notice by the applicant stating the entitlement of the nominated person to rely on the deposit for the purposes of the Act; and

  (e)   if the application is an application to which subsection   34(2) of the Act applies--a copy of the court order declaring the applicant to be an eligible person in relation to the invention so far as claimed in a claim of the specification; and

  (f)   if the application is an application to which subsection   36(4) of the Act applies--a copy of the declaration of the Commissioner that the applicant is an eligible person in relation to the invention as disclosed in the specification; and

  (g)   if the request is for a patent of addition and is made by a person authorised by the applicant or patentee--a statement from the applicant or patentee authorising the person to make the request.



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