Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to this regulation, the filing date of a patent 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; 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 give the applicant notice in writing:
(a) telling the applicant that all of the information mentioned in subregulation (1) was not filed in respect of the application; and
(b) asking the applicant to file the additional information required.
(5) If an applicant to whom a notice under subregulation (4) has been given does not file the additional information within 2 months from the date of the notice, the application is taken not to have been filed.
(6) Subregulation (7) applies if an applicant to whom a notice under subregulation (4) has been given files the additional information within 2 months from the date of the notice.
(7) For section 30 of the Act, the filing date of the patent application is the date on which the additional information is filed.