PATENTS REGULATIONS 1991 - REG 3.5 Filing date--patent applications other than PCT applications

PATENTS REGULATIONS 1991 - REG 3.5

  (1)   Subject to this regulation, the filing date of a patent application (other than a PCT application) is the date on which the following information is filed:

  (a)   information in English that indicates that what is filed is intended to be an application for a patent;

  (b)   information that allows the identity of the applicant to be established or allows the applicant to be contacted by the Patent Office;

  (c)   information that appears to be a description.

  (2)   For paragraph   ( 1 )( c), a description:

  (a)   does not have to be in English; and

  (b)   may be a drawing , graphic or photograph ; and

  (c)   may be a reference, in English, to an earlier patent application filed in Australia or in a Convention country.

  (3)   For paragraph   ( 2 )( c), the earlier patent application does not have to be in English.

  (4)   If all of the information mentioned in subregulation   (1) is not filed in respect of an application, the Commissioner must , by notification to the applicant :

  (a)   tell the applicant that all of the information mentioned in subregulation   (1) was not filed in respect of the application; and

  (b)   ask the applicant to file the additional information required.

  (5)   If an applicant to whom a notification under subregulation   (4) has been given does not file the additional information within 2 months from the date of the notification , the application is taken not to have been filed.

  (6)   Subregulation (7) applies if an applicant to whom a notification under subregulation   (4) has been given files the additional information within 2 months from the date of the notification .

  (7)   For section   30 of the Act, the filing date of the patent application is the date on which the additional information is filed.