Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 3.1

3.1 (1) For the purposes of subsection 29 (1) of the Act ("application for
patent"), an abstract, and a copy of the abstract are required to be filed
with a patent request made in relation to a complete application.

(2) For the purposes of subsection 29 (1) of the Act, if a complete
application is made, the following documents are required to be filed before
acceptance:

   (a)  a notice by the applicant stating the entitlement of the nominated
        person to the grant of the patent; and

   (b)  if the applicant claims priority from another application-a notice by
        the applicant stating the entitlement of the nominated person to claim
        that priority;

   (c)  if a micro-organism is deposited with a prescribed depositary
        institution:

        (i)    if the deposit is an original deposit within the meaning of
               Rule 7.3 of the Budapest Treaty or a new deposit within the
               meaning of Rule 7.4 of that Treaty a copy of a receipt issued
               by the institution under Rule 7 of the Treaty; and

        (ii)   if samples of the micro-organism were transferred to that
               institution under Rule 5.1 (a) (i) of the Treaty a copy of a
               receipt issued by the institution under Rule 7 of the Treaty;
               and

        (iii)  if a receipt referred to in subparagraph (i) or (ii) is not in
               English a translation of the receipt into English and a related
               certificate of verification; and
(d) if the application relies on section 6 of the Act ("deposit
requirements")-a notice by the applicant stating the entitlement of the
nominated person to rely on the deposit for the purposes of the Act; and

   (e)  if the application is an application to which subsection 34 (2) of the
        Act ("applications by eligible persons arising out of court
        proceedings") applies-a copy of the court order declaring the
        applicant to be an eligible person in relation to the invention so far
        as claimed in a claim of the specification; and

   (f)  if the application is an application to which subsection 36 (3) of the
Act ("other applications by eligible persons") applies-a copy of the
declaration of the Commissioner that the applicant is an eligible person in
relation to the invention as disclosed in the specification; and

   (g)  if the request is for a patent of addition and is made by a person
        authorised by the applicant or patentee-a statement authorising the
        person that is signed by the applicant or patentee.

(3) For the purposes of subsection 29 (1) of the Act, if a PCT application
claims the priority from a basic application:

   (a)  a copy of the relevant basic documents; and

   (b)  if those basic documents are not in English-translations of the
        documents into English and related certificates of verification; must
        be filed before acceptance. Note: The text of the Budapest Treaty is
        set out in Schedule 1.