Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p21
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 54975–57636

these Regulations, the Commissioner may prepare a draft of a new abstract in substitution for the filed abstract.
 (2) A copy of the draft of a new abstract must be given to the applicant who may give the Commissioner written comments on the draft within 1 month of the draft being given to him or her.
 (3) The Commissioner must take the comments into account in the final preparation of the new abstract.
 (4) If the Commissioner prepares a new abstract, the new abstract is taken to be the abstract of the specification to which it relates.
 (5) If an applicant who files a complete specification does not file with it an abstract, the Commissioner, within 1 month of the date of filing of the complete specification, may direct the applicant to file an abstract within 1 month of the day on which the direction is given.
 (6) If an abstract is not filed within 1 month from the day on which the direction was given, the application lapses.
 (7) If an application lapses under subregulation (6), the Commissioner must:
 (a) advertise that fact in the Official Journal; and
 (b) notify the applicant of the lapse.

3.5  Filing date—patent applications other than PCT applications
 (1) Subject to this regulation, the filing date of a patent application (other than a PCT application) is the date on which the following information is filed:
 (a) information in English that indicates that what is filed is intended to be an application for a patent;
 (b) information that allows the identity of the applicant to be established or allows the applicant to be contacted by the Patent Office;
 (c) information that appears to be a description.
 (2) For paragraph (1)(c), a description:
 (a) does not have to be in English; and
 (b) may be a drawing, graphic or photograph; and
 (c) may be a reference, in English, to an earlier patent application filed in Australia or in a Convention country.
 (3) For paragraph (2)(c), the earlier patent application does not have to be in English.
 (4) If all of the information mentioned in subregulation (1) is not filed in respect of an application, the Commissioner must, by notification to the applicant:
 (a) tell the applicant that all of the information mentioned in subregulation (1) was not filed in respect of the application; and
 (b) ask the applicant to file the additional information required.
 (5) If an applicant to whom a notification under subregulation (4) has been given does not file the additional information within 2 months from the date of the notification, the application is taken not to have been filed.
 (6) Subregulation (7) applies if an applicant to whom a notification under subregulation (4)