PATENTS REGULATIONS 1991 - REG 3.2C Specifications--formalities check for PCT application

PATENTS REGULATIONS 1991 - REG 3.2C

  (1)   This regulation applies to a PCT application if the applicant complied with the requirements of subsection   29A(5) of the Act.

  (2)   The applicant must:

  (a)   provide:

  (i)   an address for service in Australia or New Zealand at which a document under the Act or these Regulations may be given to the applicant personally, or to a person nominated as the applicant's representative; or

  (ii)   another address for service in Australia to which it is practicable and reasonable for Australia Post, or a person acting for Australia Post, to deliver mail ; or

  (iii)   an address for service in New Zealand to which it is practicable and reasonable for a person providing mail delivery services to deliver mail; and

  (aa)   provide the name of the inventor of the invention to which the application relates.

  (3)   The PCT application must comply with the formalities requirements determined in an instrument under section   229 of the Act .

  (4)   The Commissioner may, within one month from the date the applicant complied with subsection   29A(5) of the Act, direct the applicant to do anything necessary to ensure that the requirements mentioned in subregulations (2) and (3) are met .

  (5)   The PCT application lapses if:

  (a)   the applicant has been given a direction under subregulation   (4); and

  (b)   the applicant has not complied with the direction within 2 months of the date of the direction.

  (6)   If the PCT application lapses under subregulation   (5), the Commissioner must:

  (a)   advertise that fact in the Official Journal ; and

  (b)   notify the applicant that the PCT application has lapsed.