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2.29.7 Forms

Date Published

The Act and Regulations specify that certain documents must be in an "approved form", where an "approved form" is one approved by the Commissioner for the purposes of a provision where specified. The Forms Officer is responsible for the update of approved forms. A set of approved forms relevant to applying for a patent is available from the IP Australia website (Patents Forms).

If a document, other than a patent request, specification or abstract, is filed which does not substantially comply with reg 22.15 or the formal requirements, or is not in accordance with the relevant "approved form", the Commissioner may treat the document as:

  • if it had not been filed and notify the person from whom it was received, including in the notification a statement indicating how the document or form does not so comply or accord (reg 22.16(2)(a)); or
  • having been filed, but direct the person from whom it was received to take action such that it will so comply or accord (reg 22.16(2)(b)). Where the person does not comply with the direction within the prescribed period, the document is treated as not having been filed (reg 22.16(4)).

However, in general, Office practice is to treat a form which is in substantial compliance with an approved form as being in accordance with the relevant approved form.

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