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PATENTS REGULATIONS 1991 - REG 3.5AC

PCT applications--amendment

  (1)   For subsection   29A(3) of the Act, this regulation sets out the circumstances and manner in which, and the day on which, a specification of a PCT application is taken to be amended.

Translation of application into English

  (2)   If paragraph   29A(5)(a) of the Act applies to the PCT application:

  (a)   the description, drawings , graphics, photographs and claims contained in the application are taken to have been amended by substituting the description, drawings , graphics, photographs and claims in the translation; and

  (b)   the amendment is taken to have occurred on the day the translation was filed.

A pplication amended under Article 19 of PCT

  (3)   Subject to subregulation   (3A), if :

  (a)   a PCT application was amended under Article 19 of the PCT; and

  (b)   the application was amended before the applicant met the requirements of subsection   29A(5) of the Act;

t he description, drawings , graphics, photographs and claims contained in the application are to be taken to have been amended on the day the amendment was made.

Translation of Article 19 amendment into English

  (3A)   If:

  (a)   a PCT application was amended under Article 19 of the PCT; and

  (b)   the application was amended before the applicant met the requirements of subsection   29A(5) of the Act; and

  (c)   the amendment has not been published in English under Article 21 of the PCT; and

  (d)   a translation of the amendment into English is filed no later than when the applicant meets the requirements of subsection   29A(5) of the Act;

the description, drawings and claims contained in the application are taken to have been amended on the day the translation of the amendment into English was filed.

Application rectified under Rule   91 of PCT

  (4)   If:

  (a)   a PCT application was rectified under Rule   91 of the PCT; and

  (b)   the rectification was made before the applicant met the requirements of subsection   29A(5) of the Act;

t he description, drawings , graphics, photographs and claims contained in the application are to be taken to have been amended on the day the rectification was effective, unless the Commissioner disregards the rectification under Rule   91.3(f) of the PCT.

Application amended under Article 34 of PCT

  (5)   Subject to subregulations (5A) and (6), if :

  (a)   a PCT application in respect of which Australia has been elected under Chapter II of the PCT has been amended under Article 34 of the PCT; and

  (b)   an international preliminary examination report is established before the applicant meets the requirements of subsection   29A(5) of the Act;

the description, drawings , graphics, photographs and claims contained in the application are taken to have been amended on the day the amendment was made.

Translation of Article 34 amendment into English

  (5A)   If:

  (a)   a PCT application in respect of which Australia has been elected under Chapter II of the PCT has been amended under Article 34 of the PCT; and

  (b)   an international preliminary examination report is established before the applicant meets the requirements of subsection   29A(5) of the Act; and

  (c)   the amendment has not been published in English under Article 21 of the PCT; and

  (d)   a translation of the amendment into English is filed no later than when the applicant meets the requirements of subsection   29A(5) of the Act;

the description, drawings and claims contained in the application are taken to have been amended on the day the translation of the amendment into English was filed.

  (6)   However, subregulation   (5) does not apply if:

  (a)   the Commissioner has notified the applicant under regulation   3.17C or paragraph   10.2(1)(d); and

  (b)   the applicant:

  (i)   provides the advice mentioned in paragraph   3.17B(2)(b) or subparagraph   10.2(3)(c)(ii); or

  (ii)   elects under paragraph   3.17B(2)(c) or subparagraph   10.2(3)(c)(iii) to abandon any amendments that may have been made under Article 34 of the PCT.

Indications under Rule   13 bis .4 of the PCT

  (7)   If an indication in relation to a deposited micro - organism is furnished according to Rule   13 bis .4 of the PCT in relation to a PCT application:

  (a)   the description contained in the application is taken to have been amended to include that indication; and

  (b)   the amendment is taken to have occurred on the day that indication is furnished to the International Bureau.

Correction of incorrect translations

  (8)   If the applicant for a PCT application becomes aware of an error or omission in the translation of an amendment mentioned in subregulation   (3A) or (5A), the applicant may file a corrected translation of the amendment.

  (9)   If the Commissioner reasonably believes that the translation of an amendment mentioned in subregulation   (3A) or (5A) does not accurately reflect the amendment, the Commissioner may, by notification to the applicant, require the applicant to do either of the following:

  (a)   file a corrected translation of the amendment and a certificate of verification for the corrected translation;

  (b)   file a certificate of verification for the translation.

  (10)   If an applicant is given a notification under subregulation   (9), the applicant must comply with the notification within 2 months after the day the notification is given.

  (11)   For the purposes of paragraph   142(2)(f) of the Act, a PCT application lapses if:

  (a)   the applicant for the PCT application is given a notification under subregulation   (9); and

  (b)   the applicant does not comply with the notification within the period required by subregulation   (10).

Effect of corrections

  (12)   The filing of a corrected translation of an amendment of a PCT application in accordance with this regulation is not an amendment for the purposes of subsection   29A(3) of the Act.


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