Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p17
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 44943–47735

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(4) of the Act 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 from the applicant or patentee authorising the person to make the request.

3.1A  Applicant taken to be nominated person
 (1) For an application for a standard patent or an innovation patent, the applicant is taken to be the nominated person.
 (2) For a PCT application, the applicant is taken to be the nominated person.

3.2  Provisional application—direction to meet formalities requirements
 (1) The Commissioner may, within 1 month from the filing date for a provisional patent application (worked out under regulation 3.5), direct the applicant to do anything necessary to ensure that the provisional specification complies with the requirements mentioned in subsection 29(4) of the Act.
 (2) If an applicant to whom a direction has been given under subregulation (1) does not comply with the direction within 2 months from the date of the direction, the provisional specification is taken not to have been filed.

3.2A  Complete application for standard patent—direction to meet formalities requirements
 (1) The Commissioner may, within 1 month from the filing date for a complete application for a standard patent (worked out under regulation 3.5), direct the applicant to do anything necessary to ensure that the patent request or complete specification complies with the requirements mentioned in subsection 29(4A) or (4B) of the Act.
 (2) Subregulation (1) does not apply to a PCT application.
 (4) If:
 (a) the Commissioner gives the applicant a direction under subregulation (1) to assist the Commissioner in deciding whether a filed abstract is in accordance with these Regulations; and
 (b) the Commissioner has specified in the direction a period of not less than 1 month within which the applicant must comply with the direction; and
 (c) the applicant does not comply with the direction before the end of the period;
the complete application to which the patent request and complete specification relate lapses at the end of the period.
 (5) Subject to subregulation (4), if an applicant to whom a direction has been given under subregulation (1) does not comply with the direction within 2 months from the date of the direction, the application lapses.
 (6) If an application lapses under subregulation (4) or (5), the Commissioner must:
 (a) advertise that fact in the Official Journal;