2.29.4 Substitute Pages of Specifications

Date Published

At the time of filing, or after national phase entry in the case of certain national phase applications (see Formalities Check), if a complete specification (including any drawings, graphics or photographs) is not suitable for reproduction through failure to comply with the requirements specified in Schedule 3 or the Formalities Determination, COG will issue a direction to the applicant (reg 3.2A, reg 3.2B or reg 3.2C).  Where the applicant does not comply with such a direction within the prescribed period, the application will lapse.

Alternatively, where the applicant does not file additional information in response to a notice under reg 3.5(4), the application is taken not to have been filed (reg 3.5(5)).

Substitute pages or drawings, graphics or photographs of a specification, filed pursuant to a direction under the Regulations, are stamped with the date of filing and incorporated into the specification by COG.  Documents that incorporate substitute pages or drawings, graphics or photographs are identified in the Ecase file by the text “Comply(ied) Formalities” in the Document Name.  Substitute pages are not checked for accuracy by COG.  Examiners should also note that the original versions of the documents are retained in the Ecase file.

A substitute specification, or a specification which includes some substitute pages or sheets of drawings, graphics or photographs, is treated for all purposes as the "original" specification. However, this does not preclude any person from inspecting, or obtaining a copy of, the original specification (i.e. the unsubstituted version), individual pages, or drawings, graphics or photographs, once the complete specification has been notified as OPI.

When examiners encounter an application in which substitute documents were filed, they should be aware that such documents were supplied in order to comply with a statutory direction. Consequently, the substitute documents are to be treated as the documents for examination purposes and any amendments proposed, or requested, should be directed to those documents.

Note: The requirements for graphics and photographs only apply with respect to the Formalities Determination.  See 2.29 Formalities and Forms for further information.