Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p22
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 57391–60135

been given does not file the additional information within 2 months from the date of the notification, the application is taken not to have been filed.
 (6) Subregulation (7) applies if an applicant to whom a notification under subregulation (4) has been given files the additional information within 2 months from the date of the notification.
 (7) For section 30 of the Act, the filing date of the patent application is the date on which the additional information is filed.

3.5AA  Filing date—PCT applications
  For section 30 of the Act, the filing date of a PCT application is:
 (a) the international filing date; or
 (b) if the Commissioner has treated another date as the international filing date under Rule 82ter of the PCT—that date; or
 (c) if section 10 of the Act applies to the application—the date taken to have been given as the international filing date under that section.

3.5A  Filing date: incomplete specifications
 (1) This regulation applies if the information mentioned in subregulation 3.5(1) has been filed in respect of a patent application (other than a PCT application) but a part of the patent specification is missing.
 (2) If the Commissioner notices that a part of the specification is missing, the Commissioner must, by notification to the applicant:
 (a) tell the applicant that a part of the specification is missing; and
 (b) ask the applicant to file the missing part.
 (3) The missing part must be incorporated into the specification if, within the period applying under subregulation (4), the applicant:
 (a) files the missing part; or
 (b) if the applicant claims priority from an earlier basic application or associated provisional application—files:
 (i) the missing part; and
 (ii) a copy of the earlier application that contains, and indicates the location of, the missing part; and
 (iii) if the earlier application is not in English—a translation of the application into English.
 (4) For subregulation (3), the period is:
 (a) if a notification is given under subregulation (2)—2 months from the date of the notification; or
 (b) in any other case—the period ending on the earlier of:
 (i) 2 months after the filing date; and
 (ii) the time of acceptance.
 (5) For section 30 of the Act, the filing date of the application is:
 (a) if paragraph (3)(a) applies—the date on which the missing part is filed; and
 (b) if paragraph (3)(b) applies—the date that would have been the filing date if the missing part had not been incorporated.
 (6) If paragraph (5)(a) applies, the Commissioner must notify the applicant of the new filing date.
 (7) Despite paragraph (5)(a), if within 1 month after being told of the new filing date, the applicant withdraws the missing part from the specification, the