Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For section 52 of the Act, a complete application for an innovation patent passes the formalities check only if the application meets all of the following requirements:
(a) the patent request complies with subsection 29(4A) of the Act;
(b) the complete specification for the application complies with subsection 29(4B) of the Act;
(c) if the applicant is an eligible person under section 34 of the Act -- a copy of the court order declaring that the applicant is an eligible person in relation to the invention must be filed with the complete application;
(d) the complete application must comply with regulation 3.8, 3.10, 3.11, 6A.1 or 6A.2, or subsection 79C(2) of the Act, if applicable;
(e) if the applicant is relying on section 41 of the Act -- the receipts mentioned in paragraph 3.1(2 )( c) must be filed with the complete application;
(f) the complete specification must not be a cross - reference to an earlier patent application filed in Australia or in a Convention country;
(g) the complete specification must not contravene subsection 18(2) or (3) of the Act;
(h) if the application is a divisional application made under section 79B of the Act in relation to an original application that is a PCT application, the complete specification for the PCT application must be open to public inspection ;
(i) if the application was converted from an application for a standard patent to an application for an innovation patent--the request to amend the patent request to convert the application was filed on a day that is before the day the term of the innovation patent, if granted, would have expired;
(j) if the application is a divisional application under section 79B of the Act--the divisional application was filed on a day that is before the day the term of the innovation patent, if granted, would have expired;
(k) the requirement specified in subsection 52(3) of the Act.
Note 1: Subsection 52(3) of the Act provides that it is a requirement of the formalities check that the date of the patent (if granted) would be a date before the day that subsection commences. Subsection 52(3) was inserted by the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 .
Note 2: For the date of the patent, see section 65 of the Act and regulation 6.3.
(2) If the application does not meet a requirement mentioned in paragraph ( 1 )( a), (b), (c), (d), (e), (f) , (h) or (k) , the Commissioner must direct the applicant to do anything necessary to ensure that the application meets the requirement.
(3) If an applicant to whom a direction under subregulation (2) has been given does not comply with the direction within 2 months from the date of the direction, the application lapses.
(4) If the application does not meet the requirement mentioned in paragraph ( 1 )( g), the Commissioner must direct the applicant to ensure that the application meets the requirement.
(5) If an applicant to whom a direction under subregulation (4) has been given does not respond to the direction within 2 months from the date of the direction, the application lapses.
(6) If an applicant to whom a direction under subregulation (4) has been given does not comply with the direction within 4 months from the date of the direction, the application lapses.
(7) If an application lapses under subregulation (3), (5) or (6), the Commissioner must:
(a) advertise that fact in the Official Journal ; and
(b) notify the applicant of the lapse.