Commonwealth Numbered Acts Commonwealth Numbered Acts1 Section 3 (list of definitions)
2 Subsection 45(3)
(3)
The applicant must inform the Commissioner, in accordance with the
regulations, of the results of the following searches carried out for the
purpose of assessing the patentability of an invention disclosed in the
complete specification or a corresponding application filed outside Australia:
(a) any documentary searches by, or on behalf of, a foreign patent office,
other than searches prescribed by the regulations;
(b) the documentary searches prescribed by the regulations.
(4) Subsection (3) only applies to searches completed before the grant of
the patent.
(5) In subsection (4):
3 Section 101D
(1) The patentee must inform the Commissioner,
in accordance with the regulations, of the results of the following searches
carried out for the purpose of assessing the patentability of an invention
disclosed in the complete specification or a corresponding application filed
outside Australia:
(a) any documentary searches by, or on behalf of, a foreign patent office,
other than searches prescribed by the regulations;
(b) the documentary searches prescribed by the regulations.
(2) Subsection (1) only applies to searches completed before the issue of
a certificate of examination in respect of the patent.
(3) In subsection (2):
4 Schedule 1 (Dictionary)
5 Application (1) The amendment made by item 2 of this Schedule applies
in relation to an application if the patent request and complete specification
in relation to that application had not been accepted under subsection 49(1)
of the Patents Act 1990 before 1 April 2002.
new section 101D means section 101D of the Patents Act 1990 as in
force immediately after commencement.
new subsection 45(3) means subsection 45(3) of the Patents Act 1990 as in
force immediately after commencement.
old section 101D means section 101D of the Patents Act 1990 as in
force immediately before commencement.
old subsection 45(3) means subsection 45(3) of the Patents Act 1990 as in
force immediately before commencement.
6
Section 6 (definition of employee)
(a) is a person engaged under the Public Service Act 1999 and is employed in
the Trade Marks Office; or Patents Amendment (Innovation Patents) Act 2000 8 Item 3 of
Schedule 1 foreign patent office means an
office, organisation or other body that may grant protection in respect of an
invention in a foreign country.
(2) The amendment made by
item 3 of this Schedule applies in relation to an innovation patent
unless the Commissioner had started examination of the patent under
section 101B of the Patents Act 1990 before 1 April 2002.
(3) For
the purposes of subitem (1), information given before commencement under
old subsection 45(3) is taken to be information given under new subsection
45(3).
(4) For the purposes of subitem (2), information given before
commencement under old section 101D is taken to be information given
under new section 101D.
(5) In this item: commencement means the time
of commencement of Part 1 of this Schedule.
employee means a person, other than the Registrar or a Deputy Registrar, who:
(b) is not such a person but performs services, in the Trade Marks Office,
for or on behalf of the Commonwealth.
7 Subsection 206(1)
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