[Browse Databases] [Alphabetical Index] ['Pa' Index]
[Download Compilation] [Search Compilation]

---

PATENTS REGULATIONS 1991 - List of Regulations

Regulation

Compilation Information

Contents

PATENTS REGULATIONS 1991
Chapter 1 Introductory

1.1. Name of Regulations [ see Note 1]
1.2. Commencement
1.3. Interpretation
1.3A. Meaning of completed in relation to a search
1.4. English text of treaties
1.5. Deposit requirements: prescribed period
1.6. Disclosure
1.7. Verification of translations of international applications
PATENTS REGULATIONS 1991
Chapter 2 Patent rights, ownership and validity

2.1. Applications by co-owners for directions
2.2. Publication or use: prescribed circumstances
2.3. Publication or use: prescribed periods
2.4. Prescribed period: patents of addition
2.5. Prescribed period: assertion that invention is not patentable
2.6. Prescribed period: notification of assertion of invalidity of innovation patent
2.7. Documents to accompany notice of assertion of invalidity
PATENTS REGULATIONS 1991
Chapter 3 From application to acceptance

PATENTS REGULATIONS 1991
Part 1 Inventions generally

3.1. Prescribed documents: patent applications
3.1A. Applicant taken to be nominated person
3.2. Provisional specifications
3.2A. Specifications: standard patents
3.2B. Specifications: formalities check for innovation patents
3.3. Abstracts
3.4. Substitute abstracts
3.5. Filing date
3.5A. Filing date: incomplete specifications
3.5B. Filing of documents outside business hours
3.6. Requests to make determinations between interested parties
3.7. Form of certain applications
3.8. Time within which applications are to be made following certain decisions and declarations
3.9. Prescribed period: treatment of complete application as provisional
3.10. Prescribed period: making of complete applications
3.12. Priority dates generally
3.13. Priority dates: certain persons and applications
3.14. Priority dates: certain amended claims
3.15. Prescribed period and form of request for examination
3.16. Prescribed grounds and period for examination
3.17. Requirement for Commissioner to direct or expedite examination
3.17A.Results of documentary searches — foreign patent office
3.17B.Prescribed documentary searches by or on behalf of a foreign patent office
3.18. Report of Commissioner: examination
3.19. Conduct of examination: standard patents
3.20. Requests for deferment of examination or modified examination
3.21. Prescribed foreign countries: requests for deferment of examination and modified examination
PATENTS REGULATIONS 1991
Part 2 Inventions that are micro-organisms

3.23. Documents in accepted applications and patents involving micro-organisms
3.24. Commissioner may request samples and viability statement
3.25. Request for Commissioner's certificate authorising release of sample of a micro-organism
3.26. Breach of undertakings given in respect of micro-organisms
3.27. Procedure in proceedings for breach of an undertaking
3.28. Relief in proceedings for breach of undertakings
3.29. Notification that a deposit requirement has ceased to be satisfied
3.30. Prescribed period: deposit requirements taken to be satisfied
3.31. Application for declaration that deposit requirements are not satisfied
PATENTS REGULATIONS 1991
Chapter 4 Publication

4.1. Prescribed information: applicants and applications
4.2. Notice that specification is open to public inspection
4.3. Prescribed documents: public inspection
PATENTS REGULATIONS 1991
Chapter 5 Opposition

5.1. Application of this Chapter
5.2. Interpretation
5.3. Filing of opposition (except under section 101M of the Act)
5.3AA.Filing of opposition under section 101M of Act
5.3A. Amendment of notice of opposition: correction of error or mistake
5.3B. Amendment of notice of opposition: change of opponent
5.4. Filing of statement
5.5. Dismissal of opposition
5.6. Determination of opposition
5.7. Opponent to serve copy of substitute statement
5.8. Time for giving of evidence
5.9. Amendment of statement
5.9A. Amendment of statement: additional ground as a result of amendments of the Act by the US Free Trade Agreement Implementation Act 2004
5.10. Conduct of proceedings to which this Chapter applies
5.11. Commissioner may inform himself or herself
5.12. Hearing of opposition
5.13. Representations to Commissioner
5.14. Commissioner not required to hold hearing
5.15. Withdrawal of opposition
PATENTS REGULATIONS 1991
Chapter 6 Grant and term of patents

PATENTS REGULATIONS 1991
Part 1 Patents generally

6.1. Publication of notice of grant of standard patent
6.2. Prescribed period: grant of standard patent
6.3. Date of patent
6.4. Form of application for sealing of duplicate of patent
PATENTS REGULATIONS 1991
Part 2 Extension of pharmaceutical patents

6.7. Definitions
6.8. Information to accompany application
6.9. Application without pre-TGA marketing approval
6.10. Application with pre-TGA marketing approval
6.11. Further information
PATENTS REGULATIONS 1991
Chapter 6A Divisional applications

6A.1. Divisional applications: standard patents
6A.2. Divisional applications: innovation patents
PATENTS REGULATIONS 1991
Chapter 7 Patents of addition

7.1. Form of application for grant of patent of addition etc
7.2. Form of application for revocation of patent and grant of patent of addition instead
PATENTS REGULATIONS 1991
Chapter 8 PCT applications and Convention applications

PATENTS REGULATIONS 1991
Part 1 PCT applications

8.1. International applications taken to be applications under the Act
8.1A. Title of an invention
8.1B. Amendments to a PCT application under Article 34
8.2. Prescribed documents: PCT application
8.3. Modification of Act to apply to PCT applications
8.4. Form of request and prescribed documents: PCT applications
PATENTS REGULATIONS 1991
Part 2 Convention applications

8.5. Convention countries
8.6. Particulars required for Convention application
8.7. Form of request in relation to withdrawn, abandoned or refused applications
PATENTS REGULATIONS 1991
Chapter 9 Re-examination

9.1. Notice of Commissioner's decision to re-examine complete specification
9.2. Request for re-examination of complete specification
9.3. Copy of report on re-examination
9.4. Prescribed period: statement disputing report by Commissioner
9.5. Completion of re-examination
PATENTS REGULATIONS 1991
Chapter 9A Examination of innovation patents

9A.1. Request for examination
9A.2. Examination of complete specification
9A.2A.Results of documentary searches — innovation patent
9A.2B.Prescribed documentary searches by or on behalf of a foreign patent office
9A.3. Conduct of examination
9A.4. Period for examination
9A.5. Validity of innovation patent
PATENTS REGULATIONS 1991
Chapter 10 Amendments

10.1. Form of amendments
10.2. Commissioner to consider and deal with requests for leave to amend
10.3. Amendments not allowable
10.4. Commissioner to refuse request for leave to amend
10.5. Commissioner to grant leave to amend
10.6. Time for allowance of amendments
10.7. Correction of Register or patent
10.8. Prescribed decisions: appeal to Federal Court
10.10.Prescribed period: filing of court order
10.11.Form of direction by Commissioner: patents
10.12.Form of direction by Commissioner: applications
10.14.Form of request: claim under assignment or agreement
PATENTS REGULATIONS 1991
Chapter 11 Infringement

11.1. Infringement exemptions: prescribed foreign countries
PATENTS REGULATIONS 1991
Chapter 12 Compulsory licences and revocation of patents

12.1. Lodgment of applications for compulsory licences
12.2. Prescribed period: revocation of patent
12.3. Form of notice: offer to surrender patent
12.4. Applications to revoke patents
PATENTS REGULATIONS 1991
Chapter 13 Withdrawal and lapsing of applications and ceasing of patents

13.1. Publication of notice of withdrawal of application
13.1A.Period in which standard patent applications may not be withdrawn
13.2. Prescribed period: request for examination of applications
13.3. Prescribed period: continuation fees
13.4. Prescribed period: acceptance of request and specification
13.5. If applications lapse
13.6. Time for payment of renewal fee for patent
13.7. Prescribed period: ceasing of innovation patents
PATENTS REGULATIONS 1991
Chapter 15 Special provisions relating to associated technology

15.1. Time for restoration of application for patent
15.2. Requirements for reinstatement of international applications
15.3. Prescribed period: order relating to standard patent
PATENTS REGULATIONS 1991
Chapter 17 The Crown

17.1. Application for declaration: exploitation of innovation patent
17.1A.Prescribed period: order relating to standard patent
17.2. Prescribed period, document and fee: filing of international applications
PATENTS REGULATIONS 1991
Chapter 19 The register and official documents

19.1. Particulars to be registered
19.2. Request for information from Commissioner
PATENTS REGULATIONS 1991
Chapter 20 Patent attorneys

PATENTS REGULATIONS 1991
Part 1 Introductory

20.1. Interpretation
20.2. How to apply under Chapter 20
20.2A.Accreditation of courses of study
20.2B.Provisional accreditation
PATENTS REGULATIONS 1991
Part 2 Obtaining registration for the first time


PATENTS REGULATIONS 1991
Division 1 Generally


20.3. Requirements for registration
20.3A.Currency of pass or exemption
20.4. Procedure for registration
20.5. Certificate of registration
PATENTS REGULATIONS 1991
Division 2 Prescribed subjects and academic qualifications


20.6. Board examinations
20.7. Time for holding Board examinations
20.8. Examinable subject matter
20.9. Admission to sit for a Board examination
20.10.Notification of Board examination results
20.11.Reasons for failure of Board examination
20.12.Supplementary Board examination
20.13.Exemption from examination
20.14.Approval of courses and examinations
20.15.Approval of academic qualifications
20.16.Advice of completion of examinable subjects and of academic qualifications
PATENTS REGULATIONS 1991
Division 3 Rights of registered patent attorneys


20.17.Lien
PATENTS REGULATIONS 1991
Part 3 Renewal of registration: payment of annual fee

20.18.Annual registration fee
20.19.Restoration of patent attorney's name to the Register
20.19A.Voluntary removal of name from register
PATENTS REGULATIONS 1991
Part 4 Discipline


PATENTS REGULATIONS 1991
Division 1 Complaints, decisions of the Disciplinary Tribunal and
consequential action


20.20.Complaints
20.21.Authorisation to bring proceedings against a registered patent attorney
20.22.Bringing of proceedings
20.23.Decision of Disciplinary Tribunal
20.24.Publication of decision
20.25.Completion of outstanding business
PATENTS REGULATIONS 1991
Division 2 Procedure etc relating to the Disciplinary Tribunal


20.26.Procedure of Disciplinary Tribunal
20.27.Hearings to be public except in special circumstances
20.28.Representation before Disciplinary Tribunal
20.29.Summoning of witnesses
20.30.Offences by persons appearing before Disciplinary Tribunal
20.31.Protection of person constituting Disciplinary Tribunal, witnesses etc
PATENTS REGULATIONS 1991
Part 5 Administration


PATENTS REGULATIONS 1991
Division 1 The Professional Standards Board for Patent and Trade
Marks Attorneys


20.32.Constitution of Board (Act, s 227A)
20.34.Term of office of Board members
20.35.Resignation and removal of members from Board
20.37.Meetings of the Board
20.38.Member presiding at meetings of the Board
20.39.Quorum for Board meetings
20.40.Absence of Chairperson from meeting — leave from Board
PATENTS REGULATIONS 1991
Division 2 Patent and Trade Marks Attorneys Disciplinary Tribunal


20.41.Establishment of Disciplinary Tribunal
20.42.Disciplinary Tribunal: substantive appointments
20.43.Disciplinary Tribunal: acting appointments
20.44.Qualifications for holding, or acting as, Disciplinary Tribunal
20.45.Disclosure of interest
PATENTS REGULATIONS 1991
Chapter 21 Administration

21.1. Patent Office and sub-offices
21.2. Employees to whom Commissioner may delegate (Act s 209 (1))
PATENTS REGULATIONS 1991
Chapter 22 Miscellaneous

PATENTS REGULATIONS 1991
Part 1 Fees and costs


PATENTS REGULATIONS 1991
Division 1 Fees


22.1. Fees generally
22.2. General fees
22.2A.Failure to pay: patent attorneys fees
22.2B.Failure to pay: filing fees for patent requests
22.2C.Failure to pay: certain other filing fees etc
22.2D.Failure to pay: fees payable by patentee for requests under s 101A (b) of the Act
22.2E.Failure to pay: response fee
22.2F.Consequence if Commissioner does not invite payment
22.2G.Failure to pay: hearing fees
22.2H.Failure to pay: certain fees for actions by Commissioner
22.2I.Failure to pay: acceptance fee
22.3. General fees for international applications
22.4. Fees for international applications payable for the benefit of the International Bureau
22.5. PCT Fund
22.6. Exemption from fees
22.7. Refund of certain fees
PATENTS REGULATIONS 1991
Division 2 Costs


22.7A.Proceedings to which this Division applies
22.8. Costs
PATENTS REGULATIONS 1991
Part 2 Other matters

22.8A.Filing of documents
22.9. Death of applicant or nominated person
22.10.Address for service
22.10A.Address for correspondence
22.11.Extension of time
22.12.Evidence
22.13.Declarations
22.14.Directions not otherwise prescribed
22.15.Documents to be in English
22.16.Documents other than specifications and abstracts
22.17.Incapacity of certain persons
22.18.Destruction of documents
22.19.Copies of certain documents to be supplied
22.20.International applications and the Patent Office
22.21.Protection or compensation of certain persons
22.22.Exercise by Commissioner of certain powers
22.23.Hearings
22.24.Practice and procedure other than for opposition proceedings
22.25.Requirements cannot be complied with for reasonable cause
22.26.Review of decisions
PATENTS REGULATIONS 1991
Chapter 23 Transitional and savings provisions

23.1. Saving: prohibition orders
23.2. Delegation: certain matters referred to in this Chapter
23.3. Opposition to grant: practice and procedure
23.4. Certain opposition: practice and procedure
23.5. Fees payable for certain matters relating to opposition
23.6. Certain delegations: opposition
23.7. Certain undertakings
23.8. Restoration of lapsed applications or ceased patents
23.9. Certain continuation and renewal fees
23.10.Fee taken to have been paid
23.11.Supply of product referred to in section 117 of the Act
23.12.Certain withdrawn, abandoned or refused applications
23.13.Certain certificates of validity
23.14.Certain action under the 1952 Act
23.15.Amendment of petty patents
23.16.Certain applications under 1952 Act: time for acceptance
23.17.PCT applications to which subsection 89 (5) of the Act does not apply
23.18.Certain priority dates: saving
23.19.Appointment of certain examiners
23.20.Patent attorneys: continued application of certain provisions
23.21.Patent Attorneys Professional Standards Board: continuation of appointments
23.22.Secretary to Patent Attorneys Professional Standards Board: continuation of appointment
23.23.Patent Attorneys Disciplinary Tribunal: continuation
23.24.Matters begun under the former attorneys Regulations not finally dealt with before the commencing day
23.25.Fees
23.26.Certain actions and proceedings
23.27.Professional Standards Board for Patent and Trade Marks Attorneys
23.28.Continuing effect of certain complaints
23.29.Patent attorney registration
23.30.Patent attorney qualifications and employment requirements
23.31.Patent attorney examination requirements
23.32.Transitional: priority date and date of patent for innovation patent application that is a divisional application of a petty patent or petty patent application
23.33.Transitional: examination of innovation patents converted from petty patent applications
23.34.Transitional: certain PCT applications
23.35.Transitional: payment of fees for petty patents
PATENTS REGULATIONS 1991
Schedule 1 Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

PATENTS REGULATIONS 1991
Schedule 1A Regulations under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

PATENTS REGULATIONS 1991
Schedule 2 Patent Cooperation Treaty

PATENTS REGULATIONS 1991
Schedule 2A Regulations under the Patent Cooperation Treaty

PATENTS REGULATIONS 1991
Schedule 3 Formal requirements for documents to be filed

PATENTS REGULATIONS 1991
Schedule 4 Convention countries

PATENTS REGULATIONS 1991
Schedule 5 Prescribed topics

PATENTS REGULATIONS 1991
Schedule 6 Prescribed qualifications

PATENTS REGULATIONS 1991
Schedule 7 Fees

PATENTS REGULATIONS 1991
Schedule 8 Costs, expenses and allowances

PATENTS REGULATIONS 1991
Notes to the Patents Regulations 1991

Table A

---

[Browse Databases] [Alphabetical Index] ['Pa' Index]
[Download Compilation] [Search Compilation] [Back to top]