Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 48

             (1)  When an applicant asks for a modified examination of a patent request and complete specification relating to an application for a standard patent, the Commissioner must examine the request and specification and report on:

                     (a)  whether, to the best of his or her knowledge, the invention, so far as claimed, satisfies the criterion mentioned in paragraph 18(1)(a); and

                     (b)  whether, to the best of his or her knowledge, the invention, so far as claimed in any claim and when compared with the prior art base as it existed before the priority date of that claim:

                              (i)  is novel; and

                             (ii)  involves an inventive step; and

                     (c)  such other matters (if any) as are prescribed.

          (1A)  For the purposes of paragraph (1)(b), the prior art base is to be taken not to include information made publicly available only through the doing of an act (whether in or out of the patent area).

             (2)  The modified examination must be carried out in accordance with the regulations.