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PATENTS ACT 1990 !!!The following amendment (No. 106, 2006) has not been incorporated. - List of Sections

Section

Compilation Information

Long Title

PATENTS ACT 1990
Chapter 1—Introductory

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Definitions
4. What are the typical steps in getting and maintaining a standard patent?
5. Associated applications
6. Deposit requirements
7. Novelty and inventive step
8. Disclosure in basic applications
9. Secret use
10. Certain international applications to be taken to have been given an international filing date
11. Act binds the Crown
12. Application of Act
12A. Application of the Criminal Code
PATENTS ACT 1990
Chapter 2—Patent rights, ownership and validity

PATENTS ACT 1990
Part 1—Patent rights

13. Exclusive rights given by patent
14. Assignment of patent
PATENTS ACT 1990
Part 2—Ownership

15. Who may be granted a patent?
16. Co-ownership of patents
17. Directions to co-owners
PATENTS ACT 1990
Part 3—Validity

PATENTS ACT 1990
Division 1—Validity


18. Patentable inventions
19. Certificate of validity
20. Validity of patent not guaranteed
21. Validity not implied by making or refusal of non-infringement declaration
PATENTS ACT 1990
Division 2—Matters not affecting validity


22. Invalidity in relation to one claim not to affect validity in relation to other claims
23. Validity not affected by publication etc. after priority date
24. Validity not affected by certain publication or use
25. Validity: patents of addition
26. Validity not affected in certain cases involving amendments
PATENTS ACT 1990
Division 3—Notice of matters affecting validity


27. Notice of matters affecting validity of standard patents
28. Notice of matters affecting validity of innovation patents
PATENTS ACT 1990
Chapter 3—From application to acceptance

PATENTS ACT 1990
Part 1—Patent applications

PATENTS ACT 1990
Division 1—Applications


29. Application for patent
30. Filing date
31. Joint applicants
32. Disputes between applicants etc.
33. Applications by opponents etc.
34. Applications by eligible persons arising out of Court proceedings
35. Applications by eligible persons following revocation by Commissioner
36. Other applications by eligible persons
37. Complete application may be treated as provisional
38. Time for making complete application
PATENTS ACT 1990
Division 2—Specifications


40. Specifications
41. Specifications: micro-organisms
42. Micro-organisms ceasing to be reasonably available
PATENTS ACT 1990
Division 3—Priority dates


43. Priority dates
PATENTS ACT 1990
Part 2—Examination of standard patent requests and specifications

PATENTS ACT 1990
Division 1—Examination


44. Request for examination
45. Examination
46. Request for deferment of examination
PATENTS ACT 1990
Division 2—Modified examination


47. Request for modified examination
48. Modified examination
PATENTS ACT 1990
Part 3—Acceptance

PATENTS ACT 1990
Division 1—Acceptance of standard patents


49. Acceptance of patent request: standard patent
50. Application or grant may be refused in certain cases
51. Appeal
PATENTS ACT 1990
Division 2—Acceptance of innovation patents


52. Formalities check and acceptance of innovation patents
PATENTS ACT 1990
Chapter 4—Publication

53. Publication of certain information about applicants etc. [ see also Table B]
54. Notice of publication
55. Documents open to public inspection
56. Certain documents not to be published
57. Effect of publication of complete specification
58. Result of search may be disclosed
PATENTS ACT 1990
Chapter 5—Opposition to grant of standard patent

59. Opposition to grant of standard patent
60. Hearing and decision by Commissioner
PATENTS ACT 1990
Chapter 6—Grant and term of patents

PATENTS ACT 1990
Part 1—Grant

61. Grant of standard patent
62. Grant and publication of innovation patent
63. Joint patentees
64. Grant: multiple applications
65. Date of patent
66. Sealing of duplicate of patent
PATENTS ACT 1990
Part 2—Term

67. Term of standard patent
68. Term of innovation patent
PATENTS ACT 1990
Part 3—Extension of term of standard patents relating to
pharmaceutical substances

70. Applications for extension of patent
71. Form and timing of an application
72. Notification and public inspection of application
73. Withdrawal of application
74. Acceptance or refusal of application
75. Opposition to grant of extension
76. Grant of extension
76A. Notification of extension to the Secretary, Health and Family Services
77. Calculation of term of extension
78. Exclusive rights of patentee are limited if extension granted
79. Rights of patentee if extension granted after patent expires
79A. Commissioner not to make decision if court proceedings pending
PATENTS ACT 1990
Chapter 6A—Divisional applications

79B. Divisional applications prior to grant of patent
79C. Divisional applications for innovation patents may be made after grant of an innovation patent
PATENTS ACT 1990
Chapter 7—Patents of addition

80. Chapter does not apply to innovation patents
81. Grant of patent of addition
82. Revocation of patent and grant of patent of addition instead
83. Term of patent of addition
85. Revocation of patent for main invention
86. Renewal fees not payable
87. Fees payable where patent of addition becomes an independent patent
PATENTS ACT 1990
Chapter 8—PCT applications and convention applications

PATENTS ACT 1990
Part 1—PCT applications

88. PCT applications
89. Modified application of Act
90. Publication of PCT applications [ see also Table B]
91. Application of certain provisions to PCT applications
92. Notice of publication [ see also Table B]
93. Evidence of matters arising under PCT
PATENTS ACT 1990
Part 2—Convention applications

94. Convention applicants may make Convention applications
95. Manner of making Convention application
96. Withdrawn, abandoned or refused applications
PATENTS ACT 1990
Chapter 9—Re-examination of standard patents

96A. Chapter does not apply to innovation patents
97. Re-examination of complete specifications
98. Report on re-examination
99. Statement by applicant or patentee
100. Copies of report to be given to court
100A. Refusal to grant patent—re-examination before grant
101. Revocation of patent—re-examination after grant
PATENTS ACT 1990
Chapter 9A—Examination, re-examination and opposition-innovation patents

PATENTS ACT 1990
Part 1—Examination of innovation patents

101A. Examination may be requested or Commissioner may decide to examine
101B. Examination of an innovation patent
101C. How and when examination to be carried out
101D. Commissioner to be given information on searches
101E. Certificate of examination
101F. Revocation of innovation patents following examination under section 101B
PATENTS ACT 1990
Part 2—Re-examination of innovation patents

101G. Re-examination of complete specifications of innovation patents
101H. Patentee statements
101J. Revocation of innovation patent following re-examination
101K. Relevant proceedings and re-examination
101L. Copies of report to be given to court
PATENTS ACT 1990
Part 3—Opposition to innovation patents

101M. Opposition to innovation patent
101N. Hearing and decision by the Commissioner
101P. Relevant proceedings and opposition
PATENTS ACT 1990
Chapter 10—Amendments

PATENTS ACT 1990
Part 1—Amendments that are not allowable

102. What amendments are not allowable?
103. Consent of mortgagee or exclusive licensee needed
PATENTS ACT 1990
Part 2—Amendments of patent requests, specifications and other
filed documents

104. Amendments by applicants and patentees
105. Amendments directed by court
106. Amendments directed by Commissioner: patents
107. Amendments directed by Commissioner: applications for standard patents
109. Appeal
PATENTS ACT 1990
Part 3—Miscellaneous

110. Advertisement of amendment of complete specification
112. Pending proceedings
113. Persons claiming under assignment or agreement
114. Priority date of certain amended claims
114A. Objection cannot be taken to certain amended claims
115. Restriction on recovery of damages etc.
116. Interpretation of amended specifications
PATENTS ACT 1990
Chapter 11—Infringement

PATENTS ACT 1990
Part 1—Infringement and infringement proceedings

117. Infringement by supply of products
118. Infringement exemptions: use in or on foreign vessels, aircraft or vehicles
119. Infringement exemptions: prior use
120. Infringement proceedings
121. Counter-claim for revocation of patent
121A. Burden of proof—infringement of patent for a process
122. Relief for infringement of patent
123. Innocent infringement
PATENTS ACT 1990
Part 2—Non-infringement declarations

124. Interpretation
125. Application for non-infringement declaration
126. Proceedings for non-infringement declarations
127. Effect of non-infringement declarations
PATENTS ACT 1990
Part 3—Unjustified threats of infringement proceedings

128. Application for relief from unjustified threats
129. Court's power to grant relief if threats related to a standard patent or standard patent application
129A. Threats related to an innovation patent application or innovation patent and court's power to grant relief
130. Counter-claim for infringement
131. Notification of patent not a threat
132. Liability of legal practitioner or patent attorney
PATENTS ACT 1990
Chapter 12—Compulsory licences and revocation of patents

133. Compulsory licences
134. Revocation of patent after grant of compulsory licence
135. Reasonable requirements of the public
136. Orders to be consistent with international agreements
137. Revocation on surrender of patent
138. Revocation of patents in other circumstances
139. Parties to proceedings
140. Commissioner to be given copies of orders
PATENTS ACT 1990
Chapter 13—Withdrawal and lapsing of applications and ceasing of patents

141. Withdrawal of applications [ see also Table B]
142. Lapsing of applications [ see also Table B]
143. Ceasing of patents
143A. Ceasing of innovation patents
143B. Payment of fees
PATENTS ACT 1990
Chapter 14—Contracts

144. Void conditions
145. Termination of contract after patent ceases to be in force
146. Effect of Chapter
PATENTS ACT 1990
Chapter 15—Special provisions relating to associated technology

147. Certificate by Director as to associated technology
148. Lapsing etc. of applications
149. Revocation of direction
150. Restoration of lapsed application
151. Reinstatement of application as an international application
152. Notice of prohibitions or restrictions on publication
153. Effect of order
PATENTS ACT 1990
Chapter 16—Jurisdiction and powers of courts

154. Jurisdiction of Federal Court
155. Jurisdiction of other prescribed courts
156. Exercise of jurisdiction
157. Transfer of proceedings
158. Appeals
159. Commissioner may appear in appeals
160. Powers of Federal Court
PATENTS ACT 1990
Chapter 17—The Crown

PATENTS ACT 1990
Part 1—Introductory

161. Nominated persons and patentees
162. Commonwealth and State authorities
PATENTS ACT 1990
Part 2—Exploitation by the Crown

163. Exploitation of inventions by Crown
164. Nominated person or patentee to be informed of exploitation
165. Remuneration and terms for exploitation
165A. Exploitation of invention to cease under court order
166. Previous agreements inoperative
167. Sale of products
168. Supply of products by Commonwealth to foreign countries
169. Declarations that inventions have been exploited
170. Sale of forfeited articles
PATENTS ACT 1990
Part 3—Acquisitions by and assignments to the Crown

171. Acquisition of inventions or patents by Commonwealth
172. Assignment of invention to Commonwealth
PATENTS ACT 1990
Part 4—Prohibition orders

173. Prohibition of publication of information about inventions
174. Effect of prohibition orders
175. Disclosure of information to Commonwealth authority
176. International applications treated as applications under this Act
PATENTS ACT 1990
Chapter 18—Miscellaneous offences

177. False representations about the Patent Office
178. False representations about patents or patented articles
179. Failure to comply with summons
180. Refusal to give evidence
181. Failure to produce documents or articles
182. Officers not to traffic in inventions
183. Unauthorised disclosure of information by employees etc.
184. Other unauthorised disclosures of information
185. Commissioner etc. not to prepare documents or search records
PATENTS ACT 1990
Chapter 19—The Register and official documents

186. Register of Patents
187. Registration of particulars of patents etc.
188. Trusts not registrable
189. Power of patentee to deal with patent
190. Inspection of Register
191. False entries in Register
192. Orders for rectification of Register
193. Inspection of documents
194. Information obtainable from Commissioner
195. Evidence—the Register
196. Evidence—unregistered particulars
197. Evidence—certificate and copies of documents
PATENTS ACT 1990
Chapter 20—Patent Attorneys

PATENTS ACT 1990
Part 1—Registration, privileges and professional
conduct

198. Registration of patent attorneys
199. Deregistration
200. Privileges
200A. Designated Manager
PATENTS ACT 1990
Part 2—Offences

201. Offences: unregistered persons etc.
202. Documents prepared by legal practitioners
202A. Documents prepared by a member of a partnership
203. Attendance at patent attorney's office
204. Time for starting prosecutions
PATENTS ACT 1990
Chapter 21—Administration

205. Patent Office and sub-offices
206. Patent Office seal
207. Commissioner of Patents
208. Deputy Commissioner of Patents
209. Delegation of Commissioner's powers and functions
210. Commissioner's powers
211. Recovery of costs awarded by Commissioner
PATENTS ACT 1990
Chapter 22—Miscellaneous

212. Copies of examination reports to be communicated
213. Making and signing applications etc.
214. Filing of documents
215. Death of applicant or nominated person
216. Exercise of discretionary power by Commissioner
217. Assessors
218. Costs where patent invalid in part
219. Security for costs
220. Costs of attendance of patent attorney
221. Service of documents
222. Publication of Official Journal etc.
223. Extensions of time [ see also Table B]
224. Review of decisions
225. Conduct of employees and agents of natural persons
226. Reproduction of published specifications does not infringe copyright
227. Fees
227A. Professional Standards Board for Patent and Trade Marks Attorneys
228. Regulations
229. Consequential amendments
230. Repeal
PATENTS ACT 1990
Chapter 23—Transitional and savings provisions

231. Application of Part III of 1989 Amending Act
233. Patents granted under 1952 Act
234. Applications under 1952 Act
235. Other applications and proceedings under 1952 Act
236. Micro-organisms
237. Orders, directions etc. under 1952 Act
238. The Commissioner and Deputy Commissioner
239. The Register of Patents and Register of Patent Attorneys
240. Registered patent attorneys
PATENTS ACT 1990
Schedule 1—Dictionary

PATENTS ACT 1990
Schedule 2—Consequential Amendments

PATENTS ACT 1990
Notes to the Patents Act 1990

Table A

Table B

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