Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p36
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 92968–95757

Commissioner:
 (a) the prescribed means for making the document available are:
 (i) filing the document with the Australian Patent Office; or
 (ii) making the document available through an approved digital library; and
 (b) the prescribed period for making the document available is 3 months from the day the Commissioner requires the document be made available.
 (3) However, if the Commissioner is satisfied that:
 (a) a document was made available for inspection by the Commissioner in an approved digital library within the period mentioned in paragraph (2)(b); and
 (b) the document is no longer available for inspection;
the prescribed period is 2 months after the day the Commissioner notifies the applicant or patentee that the Commissioner has not been able to inspect the document in the approved digital library.

3.15  Requirements of request for examination
 (1) For the purposes of subsection 44(1) of the Act, the period of 5 years from the filing date of the complete application is prescribed.
 (2) For the purposes of subsection 44(1) of the Act, a request for an examination of a patent request and complete specification must be in the approved form.

3.16  Prescribed grounds and period for examination
 (1) For the purposes of subsection 44(2) of the Act, the following grounds are prescribed:
 (a) that the Commissioner reasonably considers it expedient to give the direction having regard to the progress made in the examination of applications filed before the filing date of the application concerned;
 (b) that the Commissioner reasonably considers it to be in the public interest to give the direction;
 (c) that the Commissioner reasonably considers it expedient to give the direction, having regard to the examination of another application for a standard patent or the examination of an innovation patent.
 (2) For the purposes of subsection 44(2) of the Act, the prescribed period is 2 months from the day on which the direction was given.
 (3) A direction must be given in writing and state the grounds on which it is given.

3.17  Requirement for Commissioner to direct or expedite examination
 (1) For the purposes of subsection 44(3) of the Act, a person may, in the approved form, request the Commissioner to direct an applicant for a standard patent to ask for an examination of the patent request and complete specification under subsection 44(2) of the Act.
 (2) If an applicant has asked for an examination of the patent request and complete specification to be expedited, the Commissioner may do so if he or she is reasonably satisfied that:
 (a) it is in the public interest; or
 (b) there are special circumstances that make it desirable.

3.17A  PCT applications—Commissioner not to give certain directions
 (1) This regulation applies to a PCT