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PATENTS REGULATIONS 1991 - REG 13.4 Prescribed period: acceptance of request and specification

PATENTS REGULATIONS 1991 - REG 13.4

Prescribed period: acceptance of request and specification

  (1)   Subject to this regulation, the period prescribed for the purposes of paragraph   142(2 )( e) of the Act in relation to an application is:

  (a)   if examination of the patent request and complete specification is requested before 15   April 2013--21 months from the date of the first report (if any) under section   45 of the Act;

  (b)   if examination is requested on or after 15   April 2013 and paragraph   ( c) does not apply--12 months from the date of the first report (if any) under section   45 of the Act;

  (c)   if:

  (i)   examination is requested on or after 15   April 2013; and

  (ii)   notification is given to a person under subregulation   3.5AC(9), 3.5AF(2D) or 22.15A(2) in relation to the application on or after the date of the first report (if any) under section   45 of the Act; and

  (iii)   the person complies with the notification within the period required by the relevant subregulation;

    14 months from the date of the first report (if any) under section   45 of the Act;

  (d)   if the Commissioner has reported that the patent request or complete specification relates to an invention that, so far as claimed, is not novel in view of information of the kind described in subparagraph   ( b )( ii) of the definition of prior art base in the Act -- the period of 3 months from the earlier of:

  (i)   the date of publication of the specification containing that information; or

  (ii)   its lapsing, refusal or withdrawal;

  (e)   if the patent request and complete specification relate to an application in relation to which a request has been made under section   32 of the Act -- subject to subregulation   (3), the period of 3 months from the date of the determination by the Commissioner under that section;

  (f)   if a person has applied under subsection   36(1) of the Act for a declaration in relation to the patent request and complete specification--subject to subregulation   (3), the period of 3 months from the day the Commissioner decides to make a declaration, or to refuse to make a declaration;

  (g)   subject to subregulation   (3), if:

  (i)   the Commissioner gives the applicant an opportunity to be heard in relation to a report under section   45 of the Act or regulation   10.2 by:

  (A)   notifying the applicant of the date by which written submissions must be filed; or

  (B)   notifying the applicant of the date, time and place of an oral hearing; and

  (ii)   the Commissioner makes a decision in writing in relation to the report;

    3 months from the date the decision is made;

  (ga)   subject to subregulation   (3), if the Commissioner revokes an acceptance under subsection   50A(1) of the Act--3 months from the date the decision to revoke is made;

  (h)   if an appeal has been made to a prescribed court, or an application for review has been made to the AAT , in relation to the patent request or complete specification -- subject to subregulation   (4), the period of 3 months from the day when the appeal or application is withdrawn or finally dealt with or determined;

  (j)   if:

  (i)   the application is for a patent of addition; and

  (ii)   an appeal has been made to a prescribed court or an application for review has been made to the AAT in respect of the application for a patent for the main invention;

    subject to subregulation   (4), the period of 3 months from the day when the appeal or application is withdrawn or finally dealt with or determined;

  (k)   if the Commissioner requires a document to be made available under subsection   43AA(4) of the Act--the period of 5 months from the date the requirement is made;

  (l)   if:

  (i)   the Commissioner has informed the applicant of a notice under subsection   27(1) of the Act; or

  (ii)   the applicant has informed the Commissioner, under subsection   45(3) of the Act, of the results of any documentary searches;

    and an objection is raised based on information in the notice or the search results -- the period of 3 months from the date of the report that first mentions the objection.

  (2)   If more than 1 of paragraphs   ( 1 )( a) to (l) applies in a particular case, the lapsing period is whichever period ends latest.

  (3)   If paragraph   ( 1 )( e) , (f), (g) or (ga) applies, the Commissioner may substitute a period longer than 3 months, if the Commissioner is satisfied that acceptance of the patent request and complete specification should be postponed.

  (4)   If paragraph   ( 1 )( h) or (j) applies, the court or Tribunal may in its discretion substitute a period longer than 3 months.

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