Certain international applications to be taken to have been given an international filing date
10 Certain international applications to be taken to have been given an international filing date
Where:
an international application specifies Australia as a designated State under Article 4(1)(ii) of the PCT; and
the receiving Office does not give the application an international filing date; and
the Commissioner is satisfied, on the balance of probabilities, that the application should, under Article 25(2)(a) of the PCT, be treated as if it had been given an international filing date;
the application is to be taken, for the purposes of this Act, to have been given an international filing date under Article 11 of the PCT.
This section does not apply to an international application that was not filed in the receiving Office in English unless the following documents have been filed:
a translation of the application into English;
if required by the regulations—a certificate of verification (within the meaning of the regulations) of the translation.
Where this section applies, the international filing date of the application is to be taken to be the date that, in the opinion of the Commissioner, should have been given to the application as its international filing date under the PCT.
[Note: international filing date is defined in Schedule 1.]
This provision refers to the regulations (the regulations
). Made under this Act:
- Patents Regulations 1991 · under s 228
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