Subpart 4—Convention applications

53 Convention applicants may make convention applications

(1)

A convention applicant in relation to a basic application may make a patent application, or 2 or more of those convention applicants may make a joint patent application, in respect of the relevant invention within the period of 12 months from the day on which a basic application is first made in a convention country in respect of the invention.

(2)

A patent application made under subsection (1) is a convention application.

(3)

For the purposes of this Act,—

(a)

the filing of a complete specification in a convention country after the filing of a provisional specification in relation to an application for protection must be treated as a basic application made in that country; and

(b)

a person must be treated as having made a basic application in a convention country in respect of an invention if the person has made an application for protection in respect of the invention by an application that,—

(i)

in accordance with the terms of a treaty subsisting between that convention country and any 1 or more other convention countries, is equivalent to a basic application duly made in any one of those convention countries; or

(ii)

in accordance with the law of that convention country, is equivalent to a basic application duly made in that convention country; and

(c)

a matter must be treated as having been disclosed in a basic application made in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of prior art) in that application or in documents submitted by the person who made the basic application in support of, and at the same time as, that application.

(4)

Despite subsection (3)(c), if the Commissioner has given a written notice to the convention applicant requiring the convention applicant to file a copy of any or all of the documents referred to in that paragraph, account must not be taken of any disclosure in the document or those documents unless a copy of the document or documents is filed within the prescribed period after the Commissioner has given the notice.