Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PATENTS REGULATIONS 1991 - REG 3.17A

Results of documentary searches -- foreign patent office

         (1)   For subsection 45 (3) of the Act, an applicant informs the Commissioner of the results of documentary searches by or on behalf of a foreign patent office, other than the European Patent Office or the UK Patent Office, by providing:

                (a)    a list of documents, cited by the foreign patent office; or

               (b)    a copy of the search report issued by the foreign patent office.

         (2)   For paragraph (1) (a), it is not necessary to refer in a list to a document that has been included in a list or report in relation to the application, previously provided to the Commissioner for the Act or these Regulations.

         (3)   For subsection 45 (3) of the Act, an applicant informs the Commissioner of the results of documentary searches by or on behalf of the European Patent Office or the UK Patent Office:

                (a)    by providing:

                          (i)    a list of the documents cited by the patent office; and

                         (ii)    for a list provided on or after 26 August 2003 -- the symbols used by the patent office to indicate the relevance of the documents; or

               (b)    by providing a copy of the search report issued by the patent office.

         (4)   The applicant must inform the Commissioner of the results of a documentary search by the latest of:

                (a)    the day 6 months after the search is completed; and

               (b)    the day 6 months after the applicant asks for an examination under section 44 of the Act; and

                (c)    1 February 2004.

         (5)   However:

                (a)    if an applicant applies for an extension of time:

                          (i)    after the day applicable to the applicant under subregulation (4); and

                         (ii)    on or before the day 3 months after the date on which a notice of acceptance is published under paragraph 49 (5) (b) of the Act;

the period within which the applicant must inform the Commissioner of the results of a documentary search is taken to end on the date on which the application is filed in accordance with subregulation (6); and

               (b)    the applicant may inform the Commissioner of the results of the documentary search on that date.

         (6)   An application under subregulation (5) must be filed:

                (a)    in the approved form; and

               (b)    with:

                          (i)    the search results; and

                         (ii)    the relevant fee in item 239 in Schedule 7.

         (7)   If a single application under subregulation (5) relates to more than 1 set of search results:

                (a)    the applicant needs to pay only one fee in respect of all the search results; and

               (b)    the fee is calculated by reference to the search results that require the longest period of extension.

         (8)   For subsection 45 (5) of the Act, completed , in relation to a search, has the meaning given by regulation 1.3A.



[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]