Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 151

  (1)   Where a relevant international application has ceased to be treated as an international application under section   148, the applicant may ask the Commissioner in writing to reinstate it.

  (2)   On receiving a request, the Commissioner must reinstate the application as an international application if satisfied, on the balance of probabilities, that:

  (a)   the relevant direction of the Director is no longer in force; and

  (b)   there is no other reason not to do so.

  (3)   Where the Commissioner reinstates an application as an international application, the application must be treated as an international application.

  (4)   Where:

  (a)   the relevant international application specifies Australia as a designated State; and

  (b)   the Commissioner cannot reinstate the application merely because, under the PCT, it is to be considered as having been withdrawn; and

  (c)   the applicant files, within the prescribed period, a written request that the application be treated as an application under this Act for a standard patent; and

  (d)   the applicant files any prescribed documents and pays the prescribed fee;

then, except as otherwise prescribed:

  (e)   the application must be treated as requested; and

  (f)   the description, claims, drawings, graphics and photographs in the application must be treated as a complete specification filed in respect of the application; and

  (g)   the application and complete specification must be treated as having been filed on the date on which the relevant international application was filed.