P.U.(A) 327/86
PATENTS REGULATIONS 1986
PART II - APPLICATION AND PROCEDURE FOR GRANT AND DURATION OF PATENT.
Regulation 27. Request for substantive examination.
(1) A request for a substantive examination shall be made to the Registrar on Form 5 together with the payment of the prescribed fee within two years from the filing date of the application.
(2) Where an application is divided under regulation 19A more than two years from the filing date of the application, a further request for a substantive examination shall be made at the time of the filing of the request for the division of the application.
(3) A request for a substantive examination shall, where appropriate, be accompanied by
(a) information relating to the application number and filing date of any application for a patent or other title of industrial property protection filed with any prescribed industrial property office relating to the same or essentially the same invention as that claimed in the application;
(b) information relating to the number assigned to a patent or other title of industrial property protection granted for the same or essentially the same invention as that claimed in the application by any prescribed industrial property office;
(c) the results of any searches or examinations carried out by any prescribed industrial property office relating to the same or essentially the same invention as that claimed in the application and where the results of any searches or examinations are not in the English language, a certified translation in the English language of such search or examination.
[Am. P.U.(A) 357/2002]
(4) The Registrar may waive, as he deems fit, any requirement under subregulation (3) .
(5) Where an application is deemed to be withdrawn under section 29A (5) of the Act, the Registrar shall inform the applicant in writing of that fact and shall state the reasons therefore.
(6) For the purposes of these Regulations,"prescribed industrial property office' means the Patent Office of Australia, the Patent Office of Japan, the Patent Office of the Republic of Korea, the Patent Office of the United Kingdom, the Patent Office of the United States of America or the European Patent Office, as the case may require, in its capacity as a national office or, where appropriate, as an International Searching Authority or as an international Preliminary Examination Authority under the Patent Cooperation Treaty.
[Am. P.U.(A) 357/2002; Am P.U.(A) 222/2003]
