Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p24
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 24/73)
Character Range: 213379–216071

if the Commissioner revokes an acceptance under subsection 50A(1) of the Act—3 months from the date the decision to revoke is made;
 (h) if an appeal has been made to a prescribed court, or an application for review has been made to the ART, in relation to the patent request or complete specification—subject to subregulation (4), the period of 3 months from the day when the appeal or application is withdrawn or finally dealt with or determined;
 (j) if:
 (i) the application is for a patent of addition; and
 (ii) an appeal has been made to a prescribed court or an application for review has been made to the ART in respect of the application for a patent for the main invention;
  subject to subregulation (4), the period of 3 months from the day when the appeal or application is withdrawn or finally dealt with or determined;
 (k) if the Commissioner requires a document to be made available under subsection 43AA(4) of the Act—the period of 5 months from the date the requirement is made;
 (l) if:
 (i) the Commissioner has informed the applicant of a notice under subsection 27(1) of the Act; or
 (ii) the applicant has informed the Commissioner, under subsection 45(3) of the Act, of the results of any documentary searches;
  and an objection is raised based on information in the notice or the search results—the period of 3 months from the date of the report that first mentions the objection.
 (2) If more than 1 of paragraphs (1)(a) to (l) applies in a particular case, the lapsing period is whichever period ends latest.
 (3) If paragraph (1)(e), (f), (g) or (ga) applies, the Commissioner may substitute a period longer than 3 months, if the Commissioner is satisfied that acceptance of the patent request and complete specification should be postponed.
 (4) If paragraph (1)(h) or (j) applies, the court or Tribunal may in its discretion substitute a period longer than 3 months.

13.5  If applications lapse
 (1) If a complete application lapses under section 142, the Commissioner must advertise that fact in the Official Journal.
 (2) Subregulation (1) does not apply in relation to a PCT application that is treated as a patent application under the Act, if the PCT application lapses under paragraph 142(2)(f) of the Act.

13.5A  PCT application—prescribed circumstances for lapsing of application
 (1) For paragraph 142(2)(f) of the Act, a circumstance in which a PCT application lapses is that the applicant has not met the requirements of subsection 29A(5) of the Act within the prescribed period for that subsection.
 (2) For paragraph 142(2)(f) of the Act, a circumstance in which a PCT application lapses is that the effect of the international application under