(d) is the legal representative of a deceased person mentioned in paragraph (a), (b) or (c). 101N Hearing and decision by the Commissioner. applicant has the same meaning as in section 38. Micro‑organisms ceasing to be reasonably available, Examination of standard patent requests and specifications, (1) Subject to subsection (1A), if an applicant asks for an examination of a patent request and complete specification, Acceptance of patent request: standard patent, (b) publish a notice of the acceptance in the, (7) Where the Commissioner refuses to accept a patent request and complete specification relating to an application for a standard patent, the Commissioner must notify the applicant in writing of the reasons for the refusal and publish a notice of the refusal in the, Postponing acceptance of patent request: standard patent, Application or grant may be refused in certain cases, Formalities check and acceptance of innovation patents. (c) making provision for and in relation to the amendment of patent requests, provisional and complete specifications, and other filed documents: (i) to correct a clerical error or obvious mistake; or, (ii) to remove a lawful ground of objection, whether the objection is raised in the course of examination or re‑examination or otherwise; or, (e) making provision for and in relation to the amendment of an entry in the Register to correct a clerical error or an obvious mistake, or for any other purpose; and, (g) making provision for and in relation to the preparation, filing and publication of abstracts of complete specifications; and, (h) making provision for and in relation to opposition proceedings; and. Nothing in this Act affects the continued operation of Part III of the 1989 Amending Act. (3) The regulations may make provision for and in relation to: (a) the terms and conditions on which members of the Board mentioned in paragraph (2A)(a), (d) or (e) hold office; and, (aa) the manner in which members of the Board mentioned in paragraph (2A)(a), (d) or (e) may resign their appointments; and, (ab) the termination of the appointment of members of the Board mentioned in paragraph (2A)(a), (d) or (e); and, (b) the manner in which the Board is to perform its functions; and. has the meaning given by subsection 201A(2). (4) The exercise of a power or function of the Commissioner under this Act or any other Act by a Deputy Commissioner does not prevent the exercise of the power or function by the Commissioner. 177........................ False representations about the Patent Office.................. 178........................ False representations about patents or patented articles... 182........................ Officers not to traffic in inventions................................. 183........................ Unauthorised disclosure of information by employees etc. (3) A power or function of the Commissioner under this Act or any other Act, when exercised by a Deputy Commissioner, is to be taken, for the purposes of this Act or any other Act, to have been exercised by the Commissioner. (2) The Commissioner may refuse to accept a specification relating to a standard patent containing a claim that includes the name of a person as the name, or part of the name, of the invention so far as claimed in that claim. (ii) on application made by one or more persons in accordance with the regulations, that the persons and the former patentee are eligible persons in relation to the invention concerned, so far as is claimed in any claim of the revoked patent (the original claim); the Commissioner may declare in writing that the eligible persons are such eligible persons. (2C) Intellectual property advice means advice in relation to: (3) Nothing in this section authorises a registered patent attorney to prepare a document to be issued from or filed in a court or to transact business, or conduct proceedings, in a court. 101F Revocation of innovation patents following examination under section 101B. 24 Validity not affected by making information available in certain circumstances. (4) A patent request relating to a Convention application must: (a) include the prescribed particulars relating to the relevant basic application; and. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. 53 Publication of certain information about applicants etc. The substance must be disclosed in the specification and must fall within the scope of the claims. (b) complying with paragraph 6(c) (about deposit requirements). (b) by the public non‑commercial use of the product. (ha) setting out the formalities checking process for innovation patents including, in particular, the following matters: (i) specifying the formalities requirements (including compliance with the requirements of subsections 18(2) and (3)) that must be met in respect of an application for an innovation patent; and, (ii) empowering the Commissioner to direct an applicant for an innovation patent to do such things as are necessary to ensure that the application is in accordance with the requirements of the regulations relating to the preparation of documents for filing; and, (iii) providing for the lapsing of the application if such a direction is not complied with within a time specified in the regulations; and, (iv) providing for the restoration of an application that has so lapsed; and. (2) An application for an extension of the term of a standard patent must be made during the term of the patent and within 6 months after the latest of the following dates: (b) the date of commencement of the first inclusion in the Australian Register of Therapeutic Goods of goods that contain, or consist of, any of the pharmaceutical substances referred to in subsection 70(3), as worked out under subsection 70(5A) (if applicable); (c) the date of commencement of this section. (3) A complete application for a standard patent lapses if the applicant does not comply with a direction of the Commissioner under section 107 within the time allowed by the Commissioner under that section. (2) The Commissioner cannot refuse to grant a patent under this section unless the Commissioner: (a) has given the applicant a reasonable opportunity to be heard; and. A legal practitioner or a registered patent attorney is not liable to proceedings under section 128 in respect of an act done in a professional capacity on behalf of a client. 101K Relevant proceedings and re‑examination. (2) Subsection (1) does not apply to the export from Australia of goods for purposes described in paragraph (1)(b) unless the term of the patent has been extended under Part 3 of Chapter 6 and the goods consist of or contain: (a) a pharmaceutical substance per se that is in substance disclosed in the complete specification of the patent and in substance falls within the scope of the claim or claims of that specification; or. (e) the amount of the fee in Australian currency is ascertained in accordance with the regulations. (b) any information made publicly available without the consent of the nominated person or patentee, through any publication or use of the invention by another person who derived the information from the nominated person or patentee or from the predecessor in title of the nominated person or patentee; but only if a complete application for the invention is made within the prescribed period. (5) For the purposes of applying this section to a PCT application, references to the complete specification becoming open to public inspection are references to the PCT application becoming open to public inspection in accordance with regulations made for the purposes of section 56A. 129A Threats related to an innovation patent application or innovation patent and court’s power to grant relief, Certain threats of infringement proceedings are always unjustifiable, (i) has applied for an innovation patent, but the application has not been determined; or, (ii) has an innovation patent that has not been certified; and. (2) Where a complete application has been made for a standard patent, the Commissioner may, on one or more of the prescribed grounds and in accordance with the regulations, direct the applicant to ask, within the prescribed period, for an examination of the patent request and complete specification relating to the application. means an application for a standard patent or an application for an innovation patent. (2) If an application under section 128 for relief relates to threats made in respect of an innovation patent that has not been certified or an application for an innovation patent, the court may grant the applicant the relief applied for. (1) Application may be made to the Administrative Appeals Tribunal for review of: (a) a decision of the Commissioner under section 10, 17, 32, 33 or 52, subsection 56(1)(b), 74(3) or 103(2), section 113, subsection 137(3), paragraph 141(1)(b), subsection 150(2), 151(2), 152(2) or 152(3), or section 173, 215 or 223; or, (b) a decision of the Designated Manager under section 198 not to register a person as a patent attorney; or.
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