IPA patent 5.3.3.1-general-requirements-for-approved-forms — IP Australia Patent Manual of Practice and Procedure – 5.3.3.1 General requirements for approved forms

Also in this Chapter: 5.3.3.2 Specific requirements for the patent request Key Legislation: Patents Regulations: reg 3.1 Prescribed documents: patent applications reg 22.15 Requirements for filing documents reg 22.16 Consequences for certain documents not meeting filing requirements Approved Forms: Patents Forms Related Chapters: 5.7.1 What can be amended and when 5.7.2 Amendment of the patent request and other filed documents ; On this page Overview Examination practice : Compliance with approved forms Company number . Overview This section provides guidance on: the standard for compliance with approved forms; and what happens when a document is not compliant. Compliance with approved forms In general, examination practice is to treat a form that is in substantial compliance with an approved form as being compliant. However, if a document 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 either: treat the document as if it had not been filed and notify the person who filed it, indicating how it does not comply (reg 22.16(2)(a)); or treat the document as having been filed, but direct the person who filed it, to take action to make it compliant (reg 22.16(2)(b)). If the person does not comply with this direction within the prescribed period, the document is treated as not having been filed (reg 22.16(4)). Company number Australian law requires companies and other entities to quote their Australian Company Number (ACN), Australian Registered Body Number (ARBN) and/or Australian Business Number (ABN) on various documents. However, the Commissioner is not required to check for the inclusion, authenticity or accuracy of any such numbers that may be provided on the patent request or other documents relating to a patent application. Therefore, examiners are not required to check if these numbers are missing and should not use the numbers on any correspondence.