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.