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2.20.10.1.1A General Provisions

Date Published

Note: The information in this part only applies to PCT applications filed on or after 15 April 2013.  For all other PCT applications, see 2.20.10.1.1 General Provisions.

In general, amendments made under Article 19, Article 34 or Rule 91 are deemed to amend the Australian specification at the date of filing of the amendments (reg 3.5AB and reg 3.5AC).


Special Considerations for Article 34 Amendments

Amendments made under Article 34 are deemed to amend the Australian specification at the date of filing of the amendments, provided that the IPRPII is established before national phase entry (reg 3.5AC(5)).  However, an exception is where the circumstances of reg 3.5AC(6) apply and the applicant advises that:

  • no demand was made under Article 31 of the PCT; or
  • no amendments were made under Article 34 of the PCT; or
  • the demand was made under Article 31 of the PCT, or the international preliminary examination report was established, after the application entered the national phase;

or if the applicant elects to abandon any amendments that may have been made under Article 34 of the PCT.


Translations

A translation amends the PCT application as of the day on which it was filed (reg 3.5AC(2)). Further information on Article 19 and Article 34 amendments and translations is provided in 2.20.10.5 Translation of Amendments.  

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