PATENTS ACT 1990
Table of Provisions
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 What are typical steps in getting and maintaining a patent?
- 5 Associated applications
- 6 Deposit requirements
- 7 Novelty and inventive step
- 8 Disclosure in basic applications
- 9 Secret use
- 10 Certain international applications to be taken to have been given an international filing date
- 11 Act binds the Crown
- 12 Application of Act
- 13 Exclusive rights given by patent
- 14 Assignment of patent
- 15 Who may be granted a patent?
- 16 Co-ownership of patents
- 17 Directions to co-owners
- 18 Patentable inventions
- 19 Certificate of validity
- 20 Validity of patent not guaranteed
- 21 Validity not implied by making or refusal of non-infringement declaration
- 22 Invalidity in relation to one claim not to affect validity in relation to other claims
- 23 Validity not affected by publication etc. after priority date
- 24 Validity not affected by certain publication or use
- 25 Validity: patents of addition
- 26 Validity not affected in certain cases involving amendments
- 27 Notice of matters affecting validity of standard patents
- 28 Notice of matters affecting validity of petty patents
- 29 Application for patent
- 30 Filing date
- 31 Joint applicants
- 32 Disputes between applicants etc.
- 33 Applications by opponents etc.
- 34 Applications by eligible persons arising out of court proceedings
- 35 Applications by eligible persons following revocation by Commissioner
- 36 Other applications by eligible persons
- 37 Complete application may be treated as provisional
- 38 Time for making complete application
- 39 Divisional applications
- 40 Specifications
- 41 Specifications: micro-organisms
- 42 Micro-organisms ceasing to be reasonably available
- 43 Priority dates
- 44 Request for examination
- 45 Examination
- 46 Request for deferment of examination
- 47 Request for modified examination
- 48 Modified examination
- 49 Acceptance of patent request: standard patent
- 50 Consideration and acceptance of patent request: petty patent
- 51 Application or grant may be refused in certain cases
- 52 Appeal
- 53 Publication of certain information about applicants etc.
- 54 Notice of Publication
- 55 Documents open to public inspection
- 56 Certain documents not to be published
- 57 Effect of publication of complete specification
- 58 Result of search may be disclosed
- 59 Opposition to grant of standard patent
- 60 Hearing and decision by Commissioner
- 61 Grant of standard patent
- 62 Grant and publication of petty patent
- 63 Joint patentees
- 64 Grant: multiple applications
- 65 Date of patent
- 66 Sealing of duplicate of patent
- 67 Term of standard patent
- 68 Term of petty patent
- 69 Extension of term of petty patent
- 70 Application for extension of term of patent relating to a pharmaceutical substance
- 71 Application for extension to lapse in certain circumstances
- 72 Issue of marketing approval certificate
- 73 Advertisement of application for extension
- 74 Opposition to extension
- 75 Determination of application for extension
- 76 Limitation on infringement proceedings
- 77 Rights of patentee
- 78 Appeals
- 79 Delegation
- 80 Chapter does not apply to petty patents
- 81 Grant of patent of addition
- 82 Revocation of patent and grant of patent of addition instead
- 83 Term of patent of addition
- 84 Non-extension of term of patent for main invention
- 85 Revocation of patent for main invention
- 86 Renewal fees not payable
- 87 Fees payable where patent of addition becomes an independent patent
- 88 PCT applications
- 89 Modified application of Act
- 90 Publication of PCT applications
- 91 Application of certain provisions to PCT applications
- 92 Notice of publication
- 93 Evidence of matters arising under PCT
- 94 Convention applicants may make Convention applications
- 95 Manner of making Convention application
- 96 Withdrawn, abandoned or refused applications
- 97 Re-examination of complete specifications
- 98 Report on re-examination
- 99 Statement by applicant or patentee
- 100 Copies of report to be given to court
- 101 Revocation of patent following re-examination
- 102 What amendments are not allowable?
- 103 Consent of mortgagee or exclusive licensee needed
- 104 Amendments by applicants and patentees
- 105 Amendments directed by court
- 106 Amendments directed by Commissioner: patents
- 107 Amendments directed by Commissioner: patent applications
- 108 Amendments directed by Commissioner: extensions of term of petty patents
- 109 Appeal
- 110 Advertisement of amendment of complete specification
- 111 Amendments relating to micro-organisms
- 112 Pending proceedings
- 113 Persons claiming under assignment or agreement
- 114 Priority date of certain amended claims
- 115 Restriction on recovery of damages etc.
- 116 Interpretation of amended specifications
- 117 Infringement by supply of products
- 118 Infringement exemptions: use in or on foreign vessels, aircraft or vehicles
- 119 Infringement exemptions: prior use
- 120 Infringement proceedings
- 121 Counter-claim for revocation of patent
- 122 Relief for infringement of patent
- 123 Innocent infringement
- 124 Interpretation
- 125 Application for non-infringement declaration
- 126 Proceedings for non-infringement declarations
- 127 Effect of non-infringement declarations
- 128 Application for relief from unjustified threats
- 129 Court's power to grant relief
- 130 Counter-claim for infringement
- 131 Notification of patent not a threat
- 132 Liability of legal practitioner or patent attorney
- 133 Compulsory licences
- 134 Revocation of standard patent after grant of compulsory licence
- 135 Reasonable requirements of the public
- 136 Orders to be consistent with international agreements
- 137 Revocation on surrender of patent
- 138 Revocation of patents in other circumstances
- 139 Parties to proceedings
- 140 Commissioner to be given copies of orders
- 141 Withdrawal of applications
- 142 Lapsing of applications
- 143 Ceasing of patents
- 144 Void conditions
- 145 Termination of contract after patent ceases to be in force
- 146 Effect of Chapter
- 147 Certificate by Director as to associated technology
- 148 Lapsing etc. of applications
- 149 Revocation of direction
- 150 Restoration of lapsed application
- 151 Reinstatement of application as an international application
- 152 Notice of prohibitions or restrictions on publication
- 153 Effect of order
- 154 Jurisdiction of Federal Court
- 155 Jurisdiction of other prescribed courts
- 156 Exercise of jurisdiction
- 157 Transfer of proceedings
- 158 Appeals
- 159 Commissioner may appear in appeals
- 160 Powers of Federal Court
- 161 Nominated persons and patentees
- 162 Commonwealth and State authorities
- 163 Exploitation of inventions by Crown
- 164 Nominated person or patentee to be informed of exploitation
- 165 Remuneration and terms for exploitation
- 166 Previous agreements inoperative
- 167 Sale of products
- 168 Supply of products by Commonwealth to foreign countries
- 169 Declarations that inventions have been exploited
- 170 Sale of forfeited articles
- 171 Acquisition of inventions or patents by Commonwealth
- 172 Assignment of invention to Commonwealth
- 173 Prohibition of publication of information about inventions
- 174 Effect of prohibition orders
- 175 Disclosure of information to Commonwealth authority
- 176 International applications treated as applications under this Act
- 177 False representations about the Patent Office
- 178 False representations about patents or patented articles
- 179 Failure to comply with summons
- 180 Refusal to give evidence
- 181 Failure to produce documents or articles
- 182 Officers not to traffic in inventions
- 183 Unauthorised disclosure of information by employees etc.
- 184 Other unauthorised disclosures of information
- 185 Employees etc. not to prepare documents or search records
- 186 Register of Patents
- 187 Registration of particulars of patents etc.
- 188 Trusts not registrable
- 189 Power of patentee to deal with patent
- 190 Inspection of Register
- 191 False entries in Register
- 192 Orders for rectification of Register
- 193 Inspection of documents
- 194 Information obtainable from Commissioner
- 195 Evidence - the Register
- 196 Evidence - unregistered particulars
- 197 Evidence - certificate and copies of documents
- 198 Registration of patent attorneys
- 199 Deregistration
- 200 Privileges
- 201 Offences: unregistered persons etc.
- 202 Documents prepared by legal practitioners
- 203 Attendance at patent attorney's office
- 204 Time for starting prosecutions
- 205 Patent Office and sub-offices
- 206 Patent Office seal
- 207 Commissioner of Patents
- 208 Deputy Commissioner of Patents
- 209 Delegation of Commissioner's powers and functions
- 210 Commissioner's powers
- 211 Recovery of costs awarded by Commissioner
- 212 Copies of examination reports to be communicated
- 213 Making and signing applications etc.
- 214 Filing of documents
- 215 Death of applicant or nominated person
- 216 Exercise of discretionary power by Commissioner
- 217 Assessors
- 218 Costs where patent invalid in part
- 219 Security for costs
- 220 Costs of attendance of patent attorney
- 221 Service of documents
- 222 Publication of Official Journal etc.
- 223 Extensions of time
- 224 Review of decisions
- 225 Conduct of directors, servants and agents
- 226 Reproduction of published specifications does not infringe copyright
- 227 Fees
- 228 Regulations
- 229 Consequential amendments
- 230 Repeal
- 231 Application of Part III of 1989 Amending Act
- 232 Application of this Act: extensions of term
- 233 Patents granted under 1952 Act
- 234 Applications under 1952 Act
- 235 Other applications and proceedings under 1952 Act
- 236 Micro-organisms
- 237 Orders, directions etc. under 1952 Act
- 238 The Commissioner and Deputy Commissioner
- 239 The Register of Patents and Register of Patent Attorneys
- 240 Registered patent attorneys