Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 29A

Applications for patents--special rules for PCT applications

  (1)   A PCT application is to be treated as a complete application under this Act for a standard patent.

  (2)   The description, drawings, graphics, photographs and claims contained in a PCT application are to be treated as a complete specification filed in respect of the application.

  (3)   The specification of a PCT application is to be taken to be amended in the circumstances, on the day and in the manner as prescribed by the regulations.

  (4)   A PCT application is to be taken to comply with the prescribed requirements of this Act that relate to applications for standard patents, but is not to be taken, merely because of subsection   (1) or (2), to comply with any other requirements of this Act.

  (5)   An applicant of a PCT application must do the following within the prescribed period:

  (a)   if the application was not filed in the receiving Office in English--file a translation of the application into English;

  (b)   in any case--file the prescribed documents and pay the prescribed fees.

  (6)   An applicant is not entitled to ask that any action be taken, or that he or she be allowed to take any action, under this Act in relation to a PCT application unless the following requirements of subsection   (5) have been met (if applicable):

  (a)   a translation of the application into English has been filed;

  (b)   the prescribed documents have been filed;

  (c)   the prescribed fees have been paid.

Note:   A failure to comply with subsection   (5) may also result in the PCT application lapsing: see paragraph   142(2)(f).



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