Commonwealth Consolidated Regulations

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Complete application for standard patent--direction to meet formalities requirements

  (1)   The Commissioner may, within 1 month from the filing date for a complete application for a standard patent (worked out under regulation   3.5), direct the applicant to do anything necessary to ensure that the patent request or complete specification complies with the requirements mentioned in subsection   29(4A) or (4B) of the Act.

  (2)   Subregulation (1) does not apply to a PCT application.

  (4)   If:

  (a)   the Commissioner gives the applicant a direction under subregulation   (1) to assist the Commissioner in deciding whether a filed abstract is in accordance with these Regulations; and

  (b)   the Commissioner has specified in the direction a period of not less than 1 month within which the applicant must comply with the direction; and

  (c)   the applicant does not comply with the direction before the end of the period;

the complete application to which the patent request and complete specification relate lapses at the end of the period.

  (5)   Subject to subregulation   (4), if an applicant to whom a direction has been given under subregulation   (1) does not comply with the direction within 2 months from the date of the direction, the application lapses.

  (6)   If an application lapses under subregulation   (4) or (5), the Commissioner must:

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

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

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