Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p35
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 90387–93237

other case—the date of filing of the statement of proposed amendments that resulted in the disclosure referred to in subparagraph 114(1)(c)(ii) of the Act.

Division 3—Examination

3.14A  Request for international‑type search relating to provisional application
 (1) An applicant for a provisional application may make a request under Article 15(5) of the PCT for an international‑type search in relation to the application.
 (2) The applicant must make the request within 10 months from the date the provisional application was filed.
 (3) If more than one International Searching Authority is competent under Article 15(5) of the PCT to carry out the search, the Commissioner may choose the Authority that will carry out the search.

3.14B  Request for preliminary search and opinion relating to complete application
 (1) This regulation applies to a complete application for a standard patent made on or after 15 April 2013.
 (2) If the applicant has not asked for an examination under section 44 of the Act, the applicant may request a preliminary search and opinion relating to the application under section 43A of the Act.
 (3) The request must be in the approved form.
Note: Section 43A of the Act does not require a request to be made before the Commissioner conducts a preliminary search and opinion.

3.14C  Priority dates—Convention applications and PCT applications: prescribed period for disregarding earlier applications
  For paragraph 43(5)(b) of the Act, the period of more than 12 months before the filing of the Convention application or PCT application is prescribed.

3.14D  Prescribed documents: basic application
 (1) For subsection 43AA(1) of the Act, the following documents that relate to a basic application are prescribed:
 (a) a copy of the specification filed for, and at the same time as, the basic application;
 (b) a copy of any other document filed for the basic application, whether filed at the same time as, or after, the basic application is filed;
 (c) a document mentioned in paragraph (a) or (b) that has been certified by the competent authority of the Convention country in which the basic application was made;
 (d) if the application relates to a micro‑organism—a copy of a receipt for the deposit of the micro‑organism issued by a prescribed depository institution;
 (e) if a document mentioned in paragraphs (a) to (d) is not in English—a translation of the document into English.
 (2) For subsection 43AA(4) of the Act, if the Commissioner requires that a prescribed document relating to a basic application be made available to the Commissioner:
 (a) the prescribed means for making the document available are:
 (i) filing the document with the Australian Patent Office; or
 (ii) making the document available through an approved digital library; and
 (b) the prescribed period for making the document