PATENTS REGULATIONS 1991 - REG 3.5AB PCT applications--international applications taken to be applications under the Act

PATENTS REGULATIONS 1991 - REG 3.5AB

  (1)   This regulation applies to an international application that specifies Australia as a designated State under Article 4(1)(ii) of the PCT if:

  (a)   the receiving Office has declared that the international application is taken to be withdrawn; or

  (b)   the International Bureau has made a finding under Article 12(3) of the PCT.

  (2)   The international application is taken to be a PCT application, as if a declaration or finding had not been made, if:

  (a)   the applicant has made a request referred to in Article 25(1)(a) of the PCT within the time limit specified in Rule   51.1 of the PCT; and

  (b)   the Commissioner has received, within the time limit specified in Rule   51.3 of the PCT:

  (i)   the fees prescribed for paragraph   29A(5)(b) of the Act; and

  (ii)   if the application is not filed in English and has not been published in English under Article 21 of the PCT--a translation into English of the specification of the PCT application as filed (with or without any rectifications under Rule   91 of the PCT) has been filed; and

  (c)   the Commissioner believes on reasonable grounds that:

  (i)   the declaration was the result of an error or omission by the receiving Office; or

  (ii)   the finding was the result of an error or omission by the International Bureau.