In rare circumstances where the Commissioner reasonably believes that a translation does not accurately reflect the contents of a document (e.g. PCT specification, Article 19 and Article 34 amendments, basic specification), the applicant may be requested to either file:

a corrected translation of the document and a certificate of verification for the corrected translation; or
a certificate of verification for the translation.

(see reg 3.5AC(9), reg 3.5AF(2D) and reg 22.15A)

The applicant has 2 months in which to respond to the request, otherwise the application will lapse.

Where a request is made by the Commissioner for a corrected translation and/or a certificate of verification, the period of time for acceptance may be extended by up to 2 months.

Thus, where a request for a corrected translation and/or a certificate of verification is included in a (first or further) report, the final date for acceptance (FDA) is 14 months from the date of the first report (reg 13.4(1)(c)).

Examination Practice

Where examiners have any doubts about the accuracy of the translation, they should first consult Patent Oppositions to determine an appropriate course of action.

In the situation where no examination report is to issue, examiners should contact COG (via email to era@ipaustralia.gov.au) with a request that a corrected translation and/or certificate of verification be obtained from the applicant. Examination should be placed on hold pending receipt of the corrected translation and/or certificate of verification. After receipt of the document(s), examiners should follow the procedures outlined in Extending the Time for Acceptance below.

In the situation where an examination report is to issue, examiners should contact COG (via email to era@ipaustralia.gov.au) with a request that a corrected translation and/or certificate of verification be obtained from the applicant.

Examiners should in the meantime issue the examination report. The report should include a note informing the applicant that formal notification regarding a request to provide a corrected translation and/or certificate of verification will issue (this will be sent by COG). The time for acceptance should also be extended as indicated below.

Extending the Time for Acceptance

Where examiners consider that the time for acceptance will be extended, they should consult Patent Oppositions. If Patent Oppositions are in agreement, examiners must update the FDA in PAMS prior to creating the examination report in DocGen (see 5.5.3.4 Exam Details). A case note should be added to the file, stating that the FDA has changed as a result of a request by the Commissioner for the applicant to provide a corrected translation and/or a certificate of verification.

Warning: The FDA should only be changed when it is appropriate to do so. Examiners should consult Patent Oppositions before changing the FDA in PAMS.

The examination report should indicate that the FDA is a later date. This later date is to be specified in the report as being the FDA by including an additional comment in the introductory paragraph as follows:

"The provisions of regulation 13.4(1)(c) provide that the final date for acceptance of this application is now <insert appropriate date in bold>.”

In the case of a first report, the following text should also be included:

“You have 14 months from the date of this report to overcome all my objection(s) otherwise this application will lapse.”