Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p23
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 59884–62639

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 filing date of the application, for section 30 of the Act, is the date that would have been the filing date if the missing part had not been incorporated.

3.5AB  PCT applications—international applications taken to be applications under the Act
 (1) This regulation applies to an international application that specifies Australia as a designated State under Article 4(1)(ii) of the PCT if:
 (a) the receiving Office has declared that the international application is taken to be withdrawn; or
 (b) the International Bureau has made a finding under Article 12(3) of the PCT.
 (2) The international application is taken to be a PCT application, as if a declaration or finding had not been made, if:
 (a) the applicant has made a request referred to in Article 25(1)(a) of the PCT within the time limit specified in Rule 51.1 of the PCT; and
 (b) the Commissioner has received, within the time limit specified in Rule 51.3 of the PCT:
 (i) the fees prescribed for paragraph 29A(5)(b) of the Act; and
 (ii) if the application is not filed in English and has not been published in English under Article 21 of the PCT—a translation into English of the specification of the PCT application as filed (with or without any rectifications under Rule 91 of the PCT) has been filed; and
 (c) the Commissioner believes on reasonable grounds that:
 (i) the declaration was the result of an error or omission by the receiving Office; or
 (ii) the finding was the result of an error or omission by the International Bureau.

3.5AC  PCT applications—amendment
 (1) For subsection 29A(3) of the Act, this regulation sets out the circumstances and manner in which, and the day on which, a specification of a PCT application is taken to be amended.

Translation of application into English
 (2) If paragraph 29A(5)(a) of the Act applies to the PCT application:
 (a) the description, drawings, graphics, photographs and claims contained in the application are taken to have been amended by substituting the description, drawings, graphics, photographs and claims in the translation; and
 (b) the amendment is taken to have occurred on the day the translation was filed.

Application amended under Article 19 of PCT
 (3) Subject to subregulation (3A), if:
 (a) a PCT application was amended under Article 19 of the PCT; and
 (b) the application was amended before the applicant met the requirements of subsection 29A(5) of the Act;
the description, drawings, graphics, photographs and claims contained in the application are