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2.29.5 Substitute Documents

Date Published

All documents filed in relation to an application become a permanent part of the application file and of the official record, apart from rare cases (see 2.29.8 Return or Deletion of Filed Documents).  However, where substitute documents are filed, these do not become effective unless permitted under the Act.  Generally, this will be by amendment under sec 104.  For example, substitute documents filed pursuant to a direction issued by the Commissioner under reg 3.2A are considered to be a request for amendment and are processed accordingly.

If the case file contains documents purporting to be formal or substitute documents, but which were not filed in response to a direction or otherwise do not constitute a request to amend, examiners should indicate in their report that these documents do not formally replace existing documents, however they may be incorporated by amendment under sec 104.

Complete Specification in a Foreign Language

If a complete specification is filed in a foreign language, COG will issue a direction to file a substitute specification in English.  If a direction is not issued in respect of a specification which is wholly or partly in a foreign language, it will be necessary for the applicant to amend the specification under sec 104 to be in English.  Where it is not possible (with a reasonable amount of certainty) to ascertain the content of the foreign language text, it may also be necessary for the applicant to file a translation of the foreign language text in order for the amendment to be allowed.

Complete Specification a Cross-Reference

If a complete specification relies either wholly or partly on a cross-reference to an earlier foreign application, COG will issue a direction under reg 3.5A to file substitute sheets incorporating the matter which is the subject of the cross-reference (see Filing Dates).

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