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:

                     (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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