Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 2.2

         (1)   In this Regulation:

"Paris Convention" means the Paris Convention for the Protection of Industrial Property of 20 March 1883, as in force for Australia on the commencing day.

"recognised exhibition" means:

                (a)    an official or officially recognised international exhibition within the meaning of Article 11 of the Paris Convention or Article 1 of the Convention relating to International Exhibitions done at Paris on 22 November 1928, as in force for Australia on the commencing day; or

               (b)    an international exhibition recognised by the Commissioner by a notice published in the Official Journal before the beginning of the exhibition.

      (1A)   For paragraph 24 (1) (a) of the Act, the circumstance that there was a publication or use of the invention within 12 months before the filing date of the complete application, is a prescribed circumstance.

         (2)   For paragraph 24 (1) (a) of the Act the following are also prescribed circumstances:

                (a)    the showing or use of the invention at a recognised exhibition;

               (b)    the publication of the invention during a recognised exhibition at which the invention was shown or used;

                (c)    the publication of the invention in a paper written by the inventor and:

                          (i)    read before a learned society; or

                         (ii)    published with the inventor's consent by or on behalf of a learned society; or

               (d)    the working in public of the invention within the period of 12 months before the priority date of a claim for the invention:

                          (i)    for the purposes of reasonable trial; and

                         (ii)    if, because of the nature of the invention, it is reasonably necessary for the working to be in public.

         (3)   Paragraphs (2) (a) and (b) are prescribed circumstances only if:

                (a)    at the time the application is made for a patent for the invention, the applicant has filed a notice stating that the invention has been exhibited; and

               (b)    the applicant has filed a statement issued by the authority responsible for the exhibition in which:

                          (i)    the invention and the exhibition are identified; and

                         (ii)    the date of the opening of the exhibition is given; and

                        (iii)    if the first disclosure of the invention during the exhibition did not take place on that date -- the date of that disclosure.

         (4)   For paragraph (3) (b), the statement must be filed:

                (a)    for an application for a standard patent -- before the complete specification in respect of the application is open to public inspection; or

               (b)    for an application for an innovation patent -- within 6 months from the filing date of the complete specification in respect of the application.