Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation:
"priority date" , in relation to an international application, has the same meaning as in the PCT.
(2) Where:
(a) the receiving Office has declared that an international application that specifies Australia as a designated State under Article 4 (1) (ii) of the PCT is taken to be withdrawn; or
(b) the International Bureau has made a finding under Article 12 (3) of the PCT;
the application is taken to be a PCT application as if a declaration or finding had not been made, if:
(c) 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
(d) the Commissioner has received within the time limit specified in Rule 51.3 of the PCT:
(i) fees prescribed for the purposes of paragraph 89 (3) (b); and
(ii) if the application is not in English -- a translation of the application into English and a related certificate of verification; and
(e) the Commissioner reasonably believes that:
(i) the declaration was the result of an error or omission on the part of the receiving Office; or
(ii) the finding was the result of an error or omission on the part of the International Bureau.
(3) For the purposes of subsection 89 (1) of the Act:
(a) the requirements of subsection 29 (4) of the Act; and
(b) subregulation 3.1 (1) and regulation 3.2A;
are prescribed.
(4) The applicant must meet the requirements of subsection 89 (3) of the Act within the period of 31 months after the priority date of the application.