Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p19
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 49984–52715

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 52(3) of the Act provides that it is a requirement of the formalities check that the date of the patent (if granted) would be a date before the day that subsection commences. Subsection 52(3) was inserted by the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020.
Note 2: For the date of the patent, see section 65 of the Act and regulation 6.3.
 (2) If the application does not meet a requirement mentioned in paragraph (1)(a), (b), (c), (d), (e), (f), (h) or (k), the Commissioner must direct the applicant to do anything necessary to ensure that the application meets the requirement.
 (3) If an applicant to whom a direction under subregulation (2) has been given does not comply with the direction within 2 months from the date of the direction, the application lapses.
 (4) If the application does not meet the requirement mentioned in paragraph (1)(g), the Commissioner must direct the applicant to ensure that the application meets the requirement.
 (5) If an applicant to whom a direction under subregulation (4) has been given does not respond to the direction within 2 months from the date of the direction, the application lapses.
 (6) If an applicant to whom a direction under subregulation (4) has been given does not comply with the direction within 4 months from the date of the direction, the application lapses.
 (7) If an application lapses under subregulation (3), (5) or (6), the Commissioner must:
 (a) advertise that fact in the Official Journal; and
 (b) notify the applicant of the lapse.

3.2C  Specifications—formalities check for PCT application
 (1) This regulation applies to a PCT application if the applicant complied with the requirements of subsection 29A(5) of the Act.
 (2) The applicant must:
 (a) provide:
 (i) an address for service in Australia or New Zealand at which a document under the Act or these Regulations may be given to the applicant personally, or to a person nominated as the applicant's representative; or
 (ii) another address for service in Australia to which it is practicable and reasonable for Australia Post, or a person acting for Australia Post, to deliver mail; or
 (iii) an address for service in New Zealand to which it is practicable and reasonable for a person providing mail delivery services to deliver mail; and
 (aa) provide the name of the inventor of the invention to which the application relates.
 (3) The PCT application must comply with the formalities requirements