2.29 Formalities and Forms

Date Published

The formal requirements for documents filed under the Act and the Regulations are provided for by Schedule 3 of the Regulations, or the Patents (Formalities Requirements for Patent Documents) Determination 2019 (Formalities Determination).  The provisions that apply depend upon certain timing requirements, as indicated below.  However, examiners should note that in general the formal requirements for documents are the same, regardless of whether provided for by Schedule 3 or the Formalities Determination.

Relevant Formalities Provisions

Standard

  • Standard patent applications filed on or after 24 February 2019, and standard patents granted on such applications – Formalities Determination.
  • Standard patent applications filed before 24 February 2019, and standard patents granted on such applications – Schedule 3, however see also Requests to Amend below.

PCT Applications

  • PCT applications that entered the national phase on or after 24 February 2019 – Formalities Determination.
  • PCT applications that entered the national phase before 24 February 2019 – Schedule 3.

Innovation

  • See Requests to Amend below.

Requests to Amend

  • Requests to amend filed on or after 24 February 2019, for standard patent applications and standard patents – Formalities Determination.
  • Requests to amend filed before 24 February 2019, for standard patent applications and standard patents – Schedule 3.
  • Requests to amend filed on or after 24 February 2019, for innovation patent applications and innovation patents – Formalities Determination.
  • Requests to amend filed before 24 February 2019, for innovation patent applications and innovation patents – Schedule 3.