Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.4

Substitute abstracts

  (1)   If a filed abstract is not in accordance with these Regulations, the Commissioner may prepare a draft of a new abstract in substitution for the filed abstract.

  (2)   A copy of the draft of a new abstract must be given to the applicant who may give the Commissioner written comments on the draft within 1 month of the draft being given to him or her.

  (3)   The Commissioner must take the comments into account in the final preparation of the new abstract.

  (4)   If the Commissioner prepares a new abstract, the new abstract is taken to be the abstract of the specification to which it relates.

  (5)   If an applicant who files a complete specification does not file with it an abstract, the Commissioner, within 1 month of the date of filing of the complete specification, may direct the applicant to file an abstract within 1 month of the day on which the direction is given.

  (6)   If an abstract is not filed within 1 month from the day on which the direction was given, the application lapses.

  (7)   If an application lapses under subregulation   (6), the Commissioner must:

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

  (b)   notify the applicant of the lapse.


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