PATENTS REGULATIONS 1991 - REG 3.5AF PCT applications--translations and prescribed documents

PATENTS REGULATIONS 1991 - REG 3.5AF

Translations published under Article 21 of PCT

  (1)   For paragraph   29A(5)(a) of the Act, subregulation   (2) applies if:

  (a)   a PCT application is not filed in English; and

  (b)   the PCT application has been published in English under Article 21 of the PCT; and

  (c)   a translation of the application into English was not filed before the date of publication under Article 21 of the PCT.

  (2)   The publication under Article 21 of the PCT is taken:

  (a)   to be the translation mentioned in paragraph   29A(5)(a) of the Act; and

  (b)   to have been filed within the prescribed period; and

  (c)   to have been verified in accordance with these Regulations.

Translations not published under Article 21 of PCT

  (2A)   Subregulations (2B), (2C) and (2D) apply if:

  (a)   a PCT application is not filed in English; and

  (b)   the PCT application has not been published in English under Article 21 of the PCT.

  (2B)   For the purposes of paragraph   29A(5)(a) of the Act, the requirement to file a translation of the PCT application into English is met if the applicant files a translation into English of the specification of the PCT application as filed (with or without any rectifications under Rule   91 of the PCT).

Correction of incorrect translations

  (2C)   If the applicant for the PCT application becomes aware of an error or omission in the translation of the specification, the applicant may file a corrected translation of the specification.

  (2D)   If the Commissioner reasonably believes that the translation of the specification does not accurately reflect the specification, the Commissioner may, by notification to the applicant, require the applicant to do either of the following:

  (a)   file a corrected translation of the specification and a certificate of verification for the corrected translation;

  (b)   file a certificate of verification for the translation.

  (2E)   If an applicant is given a notification under subregulation   (2D), the applicant must comply with the notification within 2 months after the day the notification is given.

  (2F)   For the purposes of paragraph   142(2)(f) of the Act, a PCT application lapses if:

  (a)   the applicant for the PCT application is given a notification under subregulation   (2D); and

  (b)   the applicant does not comply with the notification within the period required by subregulation   (2E).

Effect of corrections

  (2G)   An error or omission in a translation of a specification of a PCT application, or the filing of a corrected translation of a specification of a PCT application, does not have the effect that the requirements of subsection   29A(5) of the Act have not been met in relation to the application.

  (2H)   The filing of a corrected translation of a specification of a PCT application in accordance with this regulation is not an amendment for the purposes of subsection   29A(3) of the Act.

Copy of application

  (3)   For paragraph   29A(5)(b) of the Act, if a PCT application has not been published under Article 21 of the PCT, a copy of the application is a prescribed document.

  (4)   In subregulations (1) and (3) :

"PCT application" includes:

  (a)   an amendment under Article 19 or 34 of the PCT; and

  (b)   a rectification under Rule   91 of the PCT .