Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 10

  (1)   Where:

  (a)   an international application specifies Australia as a designated State under Article 4(1)(ii) of the PCT; and

  (b)   the receiving Office does not give the application an international filing date; and

  (c)   the Commissioner is satisfied, on the balance of probabilities, that the application should, under Article 25(2)(a) of the PCT, be treated as if it had been given an international filing date;

the application is to be taken, for the purposes of this Act, to have been given an international filing date under Article 11 of the PCT.

  (2)   This section does not apply to an international application that was not filed in the receiving Office in English unless the following documents have been filed:

  (a)   a translation of the application into English;

  (b)   if required by the regulations--a certificate of verification (within the meaning of the regulations) of the translation.

  (3)   Where this section applies, the international filing date of the application is to be taken to be the date that, in the opinion of the Commissioner, should have been given to the application as its international filing date under the PCT.

[ Note: international filing date is defined in Schedule   1 .]