Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 176

    Where:

  (a)   an international application specifies Australia as a designated State; and

  (b)   as a result of a prohibition order or of anything done in reliance on section   175, the application is, under the PCT, to be considered as having been withdrawn; and

  (c)   the applicant files, within the prescribed period, a written request that the application be treated as an application under this Act for a standard patent; and

  (d)   the applicant files any prescribed documents and pays the prescribed fee;

then, except as otherwise prescribed:

  (e)   the application must be treated as requested; and

  (f)   the description, claims, drawings, graphics and photographs in the application must be treated as a complete specification filed in respect of the application; and

  (g)   the application and specification must be treated as having been filed on the date on which the international application was filed.