Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 3.20

3.20 (1) In this regulation:

"prescribed foreign country" means a country prescribed in regulation 3.21
("prescribed foreign countries: requests for deferment of examination and
modified examination").

(2) For the purposes of paragraph 46 (1) (b) ("request for deferment of
examination") of the Act, the following applications are prescribed:

   (a)  a basic application in relation to the complete application;

   (b)  an application for a patent that claims the priority of the complete
        application or a provisional application associated with the complete
application under section 38 of the Act ("time for making complete
application");

   (c)  an application for a patent made in a prescribed foreign country that
        claims the priority of the application that is a basic application in
        relation to that complete application.
(3) For the purposes of paragraph 47 (1) (b) of the Act ("request for modified
examination"), an application prescribed for the purposes of paragraph 46 (1)
(b) of the Act in relation to which a patent in English has been granted in a
prescribed foreign country is prescribed.

(4) For the purposes of paragraph 46 (1) (d) of the Act, the prescribed ground
is that the Commissioner reasonably considers it expedient to give the
direction, having regard to the progress made in the examination of
applications filed before the filing date of the application concerned.

(5) For the purposes of subsection 46 (2) and subsection 47 (1) of the Act, a
request for each action must be in the approved form.

(6) The applicant must file a copy of the specification relating to the patent
referred to in paragraph 47 (1) (b) of the Act that is:

   (a)  certified by the official chief or head of the Patent Office of the
        prescribed foreign country by which the patent was granted; or

   (b)  otherwise verified to the reasonable satisfaction of the Commissioner;
        before acceptance, unless the applicant makes a request under
        subsection 47 (2) of the Act.