Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 45(1A) of the Act, this regulation prescribes requirements for a PCT application.
(2) The requirements are that the applicant must:
(a) give a copy of the international preliminary examination report to the Commissioner; or
(i) no demand was made under Article 31 of the PCT; or
(ii) no amendments were made under Article 34 of the PCT; or
(iii) the demand was made under Article 31 of the PCT, or the international preliminary examination report was established, after the applicant complied with the requirements of subsection 29A(5) of the Act; or
(c) elect to abandon any amendments that may have been made under Article 34 of the PCT.
(3) However, subregulation (2) applies only if:
(a) each of the following applies:
(i) the applicant demanded an international preliminary examination under Article 31 of the PCT before complying with the requirements of subsection 29A(5) of the Act;
(ii) at least 3 months after the applicant complied with the requirements of subsection 29A(5) of the Act, the Commissioner asks for a copy of the international preliminary examination report from the International Bureau;
(iii) the International Bureau advises that the international preliminary examination report is not available; or
(b) both of the following apply:
(i) the applicant asks for the examination to be expedited under subregulation 3.17(2);
(ii) a copy of an international preliminary examination report relating to the application has not been provided to the Commissioner.
Note: Under subparagraph 3.5AC(9)(b)(ii), if the applicant provides the advice, or makes the election, mentioned in paragraph ( 2)(b) or (c), any amendments made under Article 34 of the PCT are not taken to be included in the application.
"international preliminary examination report" has the same meaning as it has
in the PCT.