IPA patent 8.15.3-formality-requirements — IP Australia Patent Manual of Practice and Procedure – 8.15.3 Formality Requirements

Also in this Chapter: 8.15.1 Key Features of the Legislation 8.15.2 National Phase Preliminaries 8.15.3 Formality Requirements 8.15.4 Priority Sources 8.15.5 Determining Whether Amendments Made Under Articles and Rules of the PCT are Considered During Examination 8.15.6 Amendments During Examination Key Legislation: Patents Act: s104 Amendments by applicants and patentees​​​​​​​ Related Chapters: 2.29 Formalities and Forms A PCT application is taken to meet the requirements of schedule 3. Consequently, there is no mechanism for objecting that a PCT application as filed does not meet the schedule 3 requirements (equivalent to PCT formalities). However, where documents associated with a PCT application are subsequently filed during the national phase, e.g. s104 amendments, and do not substantially comply with the requirements of schedule 3 (or, in certain circumstances, the Formalities Determination – see 2.29 Formalities and Forms ), an objection may be taken. In the case of a verified translation, any non-compliance with schedule 3 may be drawn to the attention of the applicant in the form of a note in the examination report. However, it is not mandatory for the applicant to address any formalities deficiency. In rare circumstances, a PCT application may not list the inventor(s). This can be the basis of an objection that the entitlement of the applicant to the grant of the patent is not clear.