Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.1

Prescribed documents: patent applications

         (1)   For the purposes of subsection 29 (1) of the Act, an abstract is required to be filed with a patent request made in relation to a complete application.

         (2)   For the purposes of subsection 29 (1) of the Act, if a complete application for a standard patent is made, the following documents are required to be filed before acceptance:

                (a)    a notice by the applicant stating the entitlement of the nominated person to the grant of the patent; and

               (b)    if the applicant claims priority from another application -- a notice by the applicant stating the entitlement of the nominated person to claim that priority; and

                (c)    if a micro‑organism is deposited with a prescribed depositary institution:

                          (i)    if the deposit is an original deposit within the meaning of Rule 7.3 of the Budapest Treaty or a new deposit within the meaning of Rule 7.4 of that Treaty -- a copy of a receipt issued by the institution under Rule 7 of the Treaty; and

                         (ii)    if samples of the micro‑organism were transferred to that institution under Rule 5.1 (a) (i) of the Treaty -- a copy of a receipt issued by the institution under Rule 7 of the Treaty; and

                         (iii)    if a receipt referred to in subparagraph (i) or (ii) is not in English -- a translation of the receipt into English and a related certificate of verification; and

               (d)    if the application relies on section 6 of the Act -- a notice by the applicant stating the entitlement of the nominated person to rely on the deposit for the purposes of the Act; and

                (e)    if the application is an application to which subsection 34 (2) of the Act applies -- a copy of the court order declaring the applicant to be an eligible person in relation to the invention so far as claimed in a claim of the specification; and

                (f)    if the application is an application to which subsection 36 (4) of the Act applies -- a copy of the declaration of the Commissioner that the applicant is an eligible person in relation to the invention as disclosed in the specification; and

                (g)    if the request is for a patent of addition and is made by a person authorised by the applicant or patentee -- a statement authorising the person that is signed by the applicant or patentee.



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