For a national phase application of a PCT application that was filed in a foreign language, the translation* becomes the Australian specification from the date on which the translation was filed. Amendments made under Article 19, Article 34 or Rule 91 can amend the contents of the translation in certain circumstances. Thus:

The translation supersedes any previous amendments made under Article 19, Article 34 or Rule 91, whether included in the translation or not.
Article 19, Article 34 and Rule 91 amendments made after national phase entry do not form part of the translation, unless pursued under sec 104.
Article 34 amendments are only effective if the IPRPII was established before national phase entry, regardless of when the amendments were filed (see also 2.20.10.1.2 Determining Whether Article 19 and Article 34 Amendments are Considered During Examination).
In the rare circumstance that the translation is filed before the other requirements for national phase entry are met, any Article 19, Article 34 or Rule 91 amendments made between the date of filing the translation and national phase entry will amend the contents of the translation.

Note: Where the description and/or claims were amended under Article 19, Article 34 or Rule 91 and a translation thereof has been filed, a translation of the original description and/or claims is not required.

Note: For translations filed before or on 25 September 2019, a certificate of verification for the translation must also be filed. See also PERP code [K1].

Examination Practice

Any Article 19, Article 34 or Rule 91 amendments that have already been made should be present in the text of the translation when it is filed. It is permissible to file the translation of the amendments as a separate document, for example one having its own verification, provided the translations are filed conjointly.

Translation of Amendments Not Filed

If the amendments are not included in the translation, there is no bar to national phase entry and no objection arises. However, as the amendments are not part of the translation, they do not form part of the national phase specification. If the amendments only exist in a foreign language upon filing of the translation, or a translation of the amendments has been provided but has not been incorporated in, or filed conjointly with, the translation of the application, the amendments are non-binding and are considered to be of no effect. Consequently, after entry into the national phase, any subsequent filing of translations of Article 19, Article 34 or Rule 91 amendments will not automatically alter the text of the translation. In order for those amendments to be included in the text of the translation, a proposed amendment to that effect will need to be made under sec 104.

When amendments are not part of the translation and thereby not part of the national phase specification, examiners are to include a note in their report as shown in PERP code [K10].

Note: Where Article 19, Article 34 or Rule 91 amendments do not form part of the specification and examiners consider their incorporation was intended and will facilitate examination, they may phone the attorney to discuss options for inclusion of the amendments.

Incorrect Translation

Note: The following information only applies to translations filed after 25 September 2019.

Where examiners have any doubts about the accuracy of the translation of Article 19, Article 34 or Rule 91 amendments, they should follow the procedures outlined in 2.20.4.2 Translation Supplied by the Applicant, Incorrect Translation.