Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of subsection 133 (1) of the Act, the period of 3 years after the date of sealing of the patent to which the application relates is prescribed.
(2) An applicant must lodge with the Registrar of the prescribed court to which the application is made:
(a) a copy of the application that includes:
(i) the name and address of the applicant; and
(ii) the address for service in relation to the application; and
(iii) the identity of the patent; and
(iv) if the applicant relies on the ground mentioned in paragraph 133 (2) (a) of the Act -- facts supporting the assertion that the reasonable requirements of the public with respect to the patented invention have not been satisfied; and
(iva) if the applicant relies on the ground mentioned in paragraph 133 (2) (b) of the Act -- facts supporting the assertion that the patentee has contravened, or is contravening, Part IV of the Trade Practices Act 1974 or an application law (as defined in section 150A of that Act) in connection with the patent; and
(v) for an innovation patent -- the date that the patent was certified; and
(b) a declaration by the applicant to the effect that the facts in the statement are true to the best of the knowledge of the applicant.
(3) The applicant must:
(a) serve a copy of the application and declaration on the patentee and any other person who claims an interest in the patent as soon as practicable after lodgment; and
(b) lodge with the Registrar notice of the date when, and the place where, he or she complied with paragraph (a).