Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:5:p4
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 5 (pt 4/11)
Character Range: 343502–346209

a translation filed as part of a notice of an assertion under subsection 27(1) or 28(1) of the Act; and
 (b) the person to whom the notification is given does not comply with the notification within the period specified in subregulation (2);
the Commissioner may take that fact into account in deciding how much weight (if any) to give to the notice of the assertion.
 (6) If:
 (a) the notification is given in relation to a translation filed as part of a request for re‑examination of a complete specification; and
 (b) the person to whom the notification is given does not comply with the notification within the period specified in subregulation (2);
the Commissioner may decide not to re‑examine the complete specification.
 (7) If:
 (a) the notification is given in relation to a translation of any other document; and
 (b) the person to whom the notification is given does not comply with the notification within the period specified in subregulation (2);
the Commissioner may take one or more of the actions listed in subregulation (8) in relation to the person if the Commissioner is satisfied, on the balance of probabilities, that it is appropriate in the circumstances to take the action.
 (8) The actions the Commissioner may take are:
 (a) if the person to whom the notification is given is an applicant for a patent—a refusal to grant the patent; or
 (b) the drawing of an inference unfavourable to the person's interest in proceedings before the Commissioner.
 (9) In deciding whether it is appropriate to take the action, the Commissioner must consider the following:
 (a) whether the person has a reasonable excuse for refusing or failing to comply with the notification;
 (b) any other matter the Commissioner considers to be relevant.

22.16  Consequences for certain documents not meeting filing requirements
 (1) In this regulation:
document does not include:
 (a) a patent request for a standard patent; or
 (b) a patent request for an innovation patent; or
 (c) a specification; or
 (d) an abstract.
 (2) If a document received at the Patent Office does not substantially comply with regulation 22.15 or the formalities requirements determined in an instrument under section 229 of the Act, or is not in accordance with whichever approved form is applicable, the Commissioner may treat the document:
 (a) as not having been filed and notify the person from whom it was received, including in the notification a statement indicating how the document or form does not so comply or accord; or
 (b) as having been filed, but direct the person from whom it was received to do such things as are necessary to ensure that the document will so comply or accord.
 (4) If the Commissioner gives