Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p18
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 47490–50216

(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; and
 (b) notify the applicant that the complete application has lapsed.

3.2AB  PCT application—title of specification
 (1) The title of a specification for a PCT application is taken to be:
 (a) the title approved by the ISA for the application under Rule 44.2 of the PCT; or
 (b) the title established by the ISA for the application under Rule 37.2 of the PCT.
 (2) For subregulation (1), if the title is in a language other than English, the title is taken to be the English translation of the title.

3.2B  Specifications: formalities check for innovation patents
 (1) For section 52 of the Act, a complete application for an innovation patent passes the formalities check only if the application meets all of the following requirements:
 (a) the patent request complies with subsection 29(4A) of the Act;
 (b) the complete specification for the application complies with subsection 29(4B) of the Act;
 (c) if the applicant is an eligible person under section 34 of the Act—a copy of the court order declaring that the applicant is an eligible person in relation to the invention must be filed with the complete application;
 (d) the complete application must comply with regulation 3.8, 3.10, 3.11, 6A.1 or 6A.2, or subsection 79C(2) of the Act, if applicable;
 (e) if the applicant is relying on section 41 of the Act—the receipts mentioned in paragraph 3.1(2)(c) must be filed with the complete application;
 (f) the complete specification must not be a cross‑reference to an earlier patent application filed in Australia or in a Convention country;
 (g) the complete specification must not contravene subsection 18(2) or (3) of the Act;
 (h) if the application is a divisional application made under section 79B of the Act in relation to an original application that is a PCT application, the complete specification for the PCT application must be open to public inspection;
 (i) if the application was converted from an application for a standard patent to an application for an innovation patent—the request to amend the patent request to convert the application was filed on a day that is before the day the term of the innovation patent, if granted, would have expired;
 (j) if the application is a divisional application under section 79B of the Act—the divisional application was filed on a day that is before the day the term of the innovation patent, if granted, would have expired;
 (k) the requirement specified in subsection 52(3) of the Act.
Note 1: Subsection