Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p26
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 67523–70330

(4B) of the Act;
 (b) subregulation 3.1(1).

3.5AE  PCT applications—prescribed period
 (1) For subsection 29A(5) of the Act, the prescribed period is 31 months after the priority date of the application.
 (2) In this regulation:
priority date has the same meaning as in the PCT.

3.5AF  PCT applications—translations and prescribed documents

Translations published under Article 21 of PCT
 (1) For paragraph 29A(5)(a) of the Act, subregulation (2) applies if:
 (a) a PCT application is not filed in English; and
 (b) the PCT application has been published in English under Article 21 of the PCT; and
 (c) a translation of the application into English was not filed before the date of publication under Article 21 of the PCT.
 (2) The publication under Article 21 of the PCT is taken:
 (a) to be the translation mentioned in paragraph 29A(5)(a) of the Act; and
 (b) to have been filed within the prescribed period; and
 (c) to have been verified in accordance with these Regulations.

Translations not published under Article 21 of PCT
 (2A) Subregulations (2B), (2C) and (2D) apply if:
 (a) a PCT application is not filed in English; and
 (b) the PCT application has not been published in English under Article 21 of the PCT.
 (2B) For the purposes of paragraph 29A(5)(a) of the Act, the requirement to file a translation of the PCT application into English is met if the applicant files a translation into English of the specification of the PCT application as filed (with or without any rectifications under Rule 91 of the PCT).

Correction of incorrect translations
 (2C) If the applicant for the PCT application becomes aware of an error or omission in the translation of the specification, the applicant may file a corrected translation of the specification.
 (2D) If the Commissioner reasonably believes that the translation of the specification does not accurately reflect the specification, the Commissioner may, by notification to the applicant, require the applicant to do either of the following:
 (a) file a corrected translation of the specification and a certificate of verification for the corrected translation;
 (b) file a certificate of verification for the translation.
 (2E) If an applicant is given a notification under subregulation (2D), the applicant must comply with the notification within 2 months after the day the notification is given.
 (2F) For the purposes of paragraph 142(2)(f) of the Act, a PCT application lapses if:
 (a) the applicant for the PCT application is given a notification under subregulation (2D); and
 (b) the applicant does not comply with the notification within the period required by subregulation (2E).

Effect of corrections
 (2G) An error or omission in a translation of a specification of a PCT application, or the filing of a corrected translation