Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p25
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 64870–67779

no later than when the applicant meets the requirements of subsection 29A(5) of the Act;
the description, drawings and claims contained in the application are taken to have been amended on the day the translation of the amendment into English was filed.
 (6) However, subregulation (5) does not apply if:
 (a) the Commissioner has notified the applicant under regulation 3.17C or paragraph 10.2(1)(d); and
 (b) the applicant:
 (i) provides the advice mentioned in paragraph 3.17B(2)(b) or subparagraph 10.2(3)(c)(ii); or
 (ii) elects under paragraph 3.17B(2)(c) or subparagraph 10.2(3)(c)(iii) to abandon any amendments that may have been made under Article 34 of the PCT.

Indications under Rule 13bis.4 of the PCT
 (7) If an indication in relation to a deposited micro‑organism is furnished according to Rule 13bis.4 of the PCT in relation to a PCT application:
 (a) the description contained in the application is taken to have been amended to include that indication; and
 (b) the amendment is taken to have occurred on the day that indication is furnished to the International Bureau.

Correction of incorrect translations
 (8) If the applicant for a PCT application becomes aware of an error or omission in the translation of an amendment mentioned in subregulation (3A) or (5A), the applicant may file a corrected translation of the amendment.
 (9) If the Commissioner reasonably believes that the translation of an amendment mentioned in subregulation (3A) or (5A) does not accurately reflect the amendment, the Commissioner may, by notification to the applicant, require the applicant to do either of the following:
 (a) file a corrected translation of the amendment and a certificate of verification for the corrected translation;
 (b) file a certificate of verification for the translation.
 (10) If an applicant is given a notification under subregulation (9), the applicant must comply with the notification within 2 months after the day the notification is given.
 (11) For the purposes of paragraph 142(2)(f) of the Act, a PCT application lapses if:
 (a) the applicant for the PCT application is given a notification under subregulation (9); and
 (b) the applicant does not comply with the notification within the period required by subregulation (10).

Effect of corrections
 (12) The filing of a corrected translation of an amendment of a PCT application in accordance with this regulation is not an amendment for the purposes of subsection 29A(3) of the Act.

3.5AD  PCT applications—prescribed requirements
  For subsection 29A(4) of the Act, the following requirements are prescribed:
 (a) the requirements of subsections 29(4A) and (4B) of the Act;
 (b) subregulation 3.1(1).

3.5AE  PCT applications—prescribed period
 (1) For subsection 29A(5) of the Act, the prescribed period is 31 months after the priority date of the application.
 (2) In this regulation:
priority date has the same