Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 3.2

3.2 (1) A provisional specification must be in the approved form.

(2) A complete specification must:

   (a)  be in the approved form; and

   (b)  comply substantially with the requirements of Schedule 3; and

   (c)  have with it a copy of the specification:

        (i)    marked on the first page as a true copy; and

        (ii)   if the specification includes drawings-marked on the reverse
               side of each sheet of drawings as a true copy; and

(3) If a complete specification is not in accordance with the Act or these
Regulations, the Commissioner may:

   (a)  treat the complete application to which the specification relates as
        not having been filed; and

   (b)  return that specification to the applicant with:

        (i)    a written statement of the reasons for the return; and

        (ii)   any other document filed in respect of the application.

(4) If the Commissioner treats a complete specification as having been filed,
he or she may, within 1 month from the date of filing of the specification,
direct the applicant to do such as are necessary to ensure that the
specification complies with those requirements.

(5) The complete application to which the complete specification relates
lapses if an applicant to whom a direction has been given does not comply with
the direction within:

   (a)  3 months after the day on which that direction was given or the
        specification becomes open to public inspection, whichever happens
        later; or

   (b)  if:

        (i)    the direction is given to assist the Commissioner
in relation to subregulation 3.4 (1) ("substitute abstracts") in deciding
whether a filed abstract is in accordance with these Regulations; and

        (ii)   the Commissioner has specified in the direction a period of not
               less than 1 month within which the applicant must comply with
               the direction; the period referred to in subparagraph (ii).

(6) If an application lapses under subregulation (5), the Commissioner must:

   (a)  advertise that fact in the Official Journal; and

   (b)  advise the applicant of the lapse.