Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to an international application that specifies Australia as a designated State under Article 4(1)(ii) of the PCT if:
(a) the receiving Office has declared that the international application is taken to be withdrawn; or
(b) the International Bureau has made a finding under Article 12(3) of the PCT.
(2) The international application is taken to be a PCT application, as if a declaration or finding had not been made, if:
(a) the applicant has made a request referred to in Article 25(1)(a) of the PCT within the time limit specified in Rule 51.1 of the PCT; and
(b) the Commissioner has received, within the time limit specified in Rule 51.3 of the PCT:
(i) the fees prescribed for paragraph 29A(5)(b) of the Act; and
(ii) if the application is not filed in English and has not been published in English under Article 21 of the PCT--a translation into English of the specification of the PCT application as filed (with or without any rectifications under Rule 91 of the PCT) has been filed; and
(c) the Commissioner believes on reasonable grounds that:
(i) the declaration was the result of an error or omission by the receiving Office; or
(ii) the finding was the result of an error or omission by the International Bureau.