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2.20.12 Chapter 15 Applications (Sections 147 to 153)

Date Published

In certain circumstances, an application which involves ‘associated technology’ (e.g. nuclear weapons) can be restored (sec 150) or reinstated (sec 151(1), sec 151(2) and sec 151(3)) as an international application. Such a restored or reinstated international application will then follow the normal national phase procedures.

Within the context above, a situation may arise wherein an international application (which designated Australia) cannot be reinstated as an international application merely because, under the PCT, it was considered withdrawn. However, if the applicant files a request that the application be treated as a standard patent application, together with any prescribed documents and prescribed fees, then the application must be treated as so requested (sec 151(4)).

The prescribed documents include a patent request, the complete specification and an abstract (reg 15.2(2)).  The description, claims, drawings, graphics and photographs contained in the international application and filed in the Office are treated as the complete specification for the standard patent application in accordance with sec 151(4)(f).  The filing date accorded to the application and complete specification is the date on which the relevant international application was filed (sec 151(4)(g)). Any specification (or other document) subsequently filed (e.g. with the sec 151(4)(c) request) is to be regarded as an amendment in anticipation.

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