(3)  An order must direct that the licence: (a)  is not to give the licensee, or a person authorised by the licensee, the exclusive right to work the patented invention; and. (1)  Subject to section 100A and paragraph 210A(2)(a), the Commissioner must grant a standard patent, by registering prescribed particulars of the patent in the Register, if: (a)  there is no opposition to the grant; or. The endnotes provide information about this compilation and the compiled law. (2)  Except in the case of an amendment made in contravention of section 112 or 112A, objection cannot be taken to a patent request and specification that have been accepted, and a patent is not invalid, merely because an amendment of the specification has been made that was not allowable. nominated person means the person identified in a patent request as the person to whom the patent is to be granted. 183 Unauthorised disclosure of information by employees etc. applicant has the same meaning as in section 38. (1)  Where a complete application is made, the applicant may, at any time during the prescribed period, by written request, ask the Commissioner to direct that the application be treated as a provisional application. For more information on Australian patents and qualified patent professionals, see IP Australia: Patents. [Notes:   (1)   For the meaning of document see section 2B of the Acts Interpretation Act 1901. Certain inventions not patentable inventions for the purposes of an innovation patent. New Zealand Assistant Commissioner of Patents means a person who holds or performs the duties of an office or position of Assistant Commissioner of Patents under or in accordance with a law of New Zealand. (b)  search the records of the Patent Office otherwise than in his or her official capacity. relevant international application, in Chapter 15, means an international application in relation to which the Patent Office is the receiving Office (even if Australia is not specified in the application as a designated State under Article 4(1)(ii) of the PCT). The Commissioner may accept the offer of surrender, and revoke the patent, after hearing all interested parties. (1)  There is to be at least one Deputy Commissioner of Patents. (2)  The Register may be kept wholly or partly by use of a computer. Previous agreements inoperative..................................... 167........................ Sale of products.............................................................. 168........................ Supply of products by Commonwealth to foreign countries. (b)  ending when any of the following happens: (iii)  the first application is withdrawn; (iv)  a period prescribed by the regulations for the purposes of this subparagraph ends. (4)  A member of a partnership commits an offence if: (a)  the member describes the partnership, or holds the partnership out, or permits the partnership to be described or held out, as a patent attorney, or agent for obtaining patents; and. ], 29A  Applications for patents—special rules for PCT applications. Prohibition of publication of information about inventions 145, 174........................ Effect of prohibition orders............................................. 145, 175........................ Disclosure of information to Commonwealth authority.. 146, 176........................ International applications treated as applications under this Act               146, Chapter 18—Miscellaneous offences                                                     147, 177........................ False representations about the Patent Office.................. 147, 178........................ False representations about patents or patented articles... 147, 182........................ Officers not to traffic in inventions................................. 148, 183........................ Unauthorised disclosure of information by employees etc. (b)  is inconsistent with the terms of an agreement between the patentees. Intellectual Property Laws Amendment Act 2015 - C2015A00008, Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 - C2015A00126, 7 Novelty, inventive step and innovative step, 10 Certain international applications to be taken to have been given an international filing date, 21 Validity not implied by making or refusal of non-infringement declaration, 22A Validity not affected by who patent is granted to, 22 Invalidity in relation to one claim not to affect validity in relation to other claims, 23 Validity not affected by publication etc. 175  Disclosure of information to Commonwealth authority. A legal practitioner must not prepare a specification, or a document relating to an amendment of a specification, unless: (a)  the practitioner is acting under the instructions of a registered patent attorney; or. (7)  An appeal lies to the Federal Court against a decision of the Commissioner under subsection (1). 212  Copies of examination reports to be communicated. (4)  A PCT application is to be taken to comply with the prescribed requirements of this Act that relate to applications for standard patents, but is not to be taken, merely because of subsection (1) or (2), to comply with any other requirements of this Act. (b)  publish a notice of the refusal in the Official Journal. (b)  the individual is not a registered patent attorney or a legal practitioner. means proceedings for infringement of a patent. Patent office case law. (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 Official Journal. (b)  are not liable to be inspected or produced before the Commissioner or in a legal proceeding unless the Commissioner, court, or any person having power to order inspection or production, directs that the inspection or production be allowed. (4)  The Commonwealth must pay a compensable person such compensation as is agreed between the Commonwealth and the person or, in the absence of agreement, as is determined by a prescribed court on the application of either of them. (1)  Where the grant of a standard patent is opposed, the Commissioner must decide the case in accordance with the regulations. (2)  On the application of either party, the court may make such order for the inspection of any thing in or on any vehicle, vessel, aircraft or premises, and may impose such terms and give such directions about the inspection, as the court thinks fit. (c)  the recovery of any damages sustained by the applicant as a result of the threats. (2)  The Commissioner must give notice of an offer in accordance with the regulations. (1)  An incorporated patent attorney commits an offence if the incorporated patent attorney: (a)  does not have a patent attorney director; and. Regulations cannot provide for consequences inconsistent with those provisions. (4)  For the purposes of this Act, an invention is to be taken to involve an innovative step when compared with the prior art base unless the invention would, to a person skilled in the relevant art, in the light of the common general knowledge as it existed (whether in or out of the patent area) before the priority date of the relevant claim, only vary from the kinds of information set out in subsection (5) in ways that make no substantial contribution to the working of the invention. (2)  The regulations may make provision for and in relation to the publication of information relating to PCT applications. Research the key issues surrounding Patent Litigation law in Australia. Opposition to innovation patent if patentee entitled to grant of patent with other person, (a)  an innovation patent is opposed under section 101M by one or more persons; and, (b)  the Commissioner decides that one or more of the opponents and the original patentee are eligible persons in relation to the invention the subject of the patent, so far as claimed in any claim of the patent (the original claim); and. (3)  A patent of addition must not be granted before the patent for the main invention is granted. (5)  An appeal lies to the Federal Court against a decision by the Commissioner under this section. 23  Validity not affected by publication etc. The order may be amended or revoked by another order of the court. (b)  must include the prescribed particulars. (3)  After hearing the application, the court may, by order, revoke the patent, either wholly or so far as it relates to a claim, on one or more of the following grounds, but on no other ground: (a)  that the patentee is not entitled to the patent; (d)  that the patent was obtained by fraud, false suggestion or misrepresentation; (e)  that an amendment of the patent request or the complete specification was made or obtained by fraud, false suggestion or misrepresentation; (f)  that the specification does not comply with subsection 40(2) or (3). (2)  If satisfied, on the balance of probabilities, that the application passes the formalities check, the Commissioner must accept the patent request and complete specification. therapeutic use means use for the purpose of: (a)  preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in persons; or, (b)  influencing, inhibiting or modifying a physiological process in persons; or. after priority date, 24 Validity not affected by making information available in certain circumstances, 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 innovation patents, 29A Applications for patents—special rules for PCT applications, 29B Applications for patents—special rules for Convention applications, 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, 42 Micro-organisms ceasing to be reasonably available, 49 Acceptance of patent request: standard patent, 49A Postponing acceptance of patent request: standard patent, 50 Application or grant may be refused in certain cases, 52 Formalities check and acceptance of innovation patents. (b)  circumstances beyond the control of the person concerned; a relevant act that is required to be done within a certain time is not, or cannot be, done within that time, the Commissioner may, on application made by the person concerned in accordance with the regulations, extend the time for doing the act. In Australia, the preferred marking is "Aust. For more information on any modifications, see the series page on the Legislation Register for the compiled law. (1)  A person may apply to the Federal Court for an order revoking a PPI compulsory licence. (1)  An individual commits an offence if: (a)  the individual carries on business, practises or acts as a patent attorney; and. (5)  The Commissioner may require a person to produce a document or article under paragraph (1)(c) whether the person is in or out of the patent area. 49A  Postponing acceptance of patent request: standard patent. The period must not exceed: (a)  in the case of the member mentioned in paragraph (2A)(a)—3 years; or, Appointment of deputy of Director‑General of IP Australia. Editorial changes take effect from the compilation registration date. (b)  the communication of the information involved in making the application was not in accordance with an authority; the Director may include in the certificate: (c)  if the application is not a relevant international application—a direction that the application should lapse; or. Where, at the hearing of proceedings under this Act, a registered patent attorney attends in court for the purpose of assisting a party in the conduct of the hearing and an order is made for payment of the costs of that party, those costs may include an allowance for that attendance. (1)  Where this Act provides for a document to be served on, or given or sent to, a person and the person has given the Commissioner an address in Australia or New Zealand for service of documents, the document may be served on, or given or sent to, the person by a prescribed means to that address. (4)  Regulations made under paragraph (2)(s) and subsection (3) may make different provision with respect to different matters dealt with by or under those regulations, but this subsection shall not be taken to limit a power to make regulations conferred by any other provision of this Act. (6)  For the purposes of subsection (4), each kind of information set out in subsection (5) must be considered separately. (1)  Where an order is in force in relation to an application for a standard patent, the application may proceed up to the acceptance of the patent request and complete specification, but the complete specification must not be made open to public inspection, the acceptance must not be notified in the Official Journal and a patent must not be granted on the application. (3)  After hearing all interested persons who notify the Commissioner in accordance with the regulations of their wish to be heard, the Commissioner may accept the offer and revoke the patent. (4)  A person (the disposer) may dispose of the whole of the disposer’s entitlement under subsection (1) to do an act without infringing a patent to another person (the recipient). (2)  The Commissioner may make a determination under subsection (1) whether or not the application has lapsed. View at publisher Description It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical … (c)  a patent application lapses, or is taken to have lapsed, if the fee for filing the request and accompanying specification is not paid in accordance with the regulations. (3)  The regulations may make provision for matters referred to in paragraph (2)(s) by empowering the Commissioner, on behalf of the Commonwealth, to enter into agreements with prescribed depositary institutions with respect to those matters. 184........................ Other unauthorised disclosures of information............... 185........................ Commissioner etc. (d)  if the application is a relevant international application—the application must cease to be treated as an international application. licence means a licence to exploit, or to authorise the exploitation of, a patented invention. 21  Validity not implied by making or refusal of non‑infringement declaration. An office copy of an order made under this Chapter must be served on the Commissioner by the Registrar or other appropriate officer of the court that made the order. interested party, in relation to a patent application, means the applicant or a joint applicant, or a person who claims to be entitled to the grant of a patent on the application, either alone or jointly with another person. (2)  The Register of Patent Attorneys may be kept wholly or partly by use of a computer. In respect of each application for an extension approved by the Commissioner under section 76 in a financial year, the patent holder must lodge with the Secretary of the Department, before the end of the following financial year, a return setting out the following information: (a)  details of the amount and origin of any Commonwealth funds spent in the research and development of the drug which was the subject of the application; and, (i)  with which the applicant has a contractual agreement; and, (ii)  which is in receipt of Commonwealth funds; and. (3)  The Commissioner must notify the patentee that the standard patent has been granted. (4)  For the purposes of subsection (3), it is immaterial whether the disclosure takes place in New Zealand. (4)  For the purposes of subsection (3), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975. (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. 197  Evidence—certificate and copies of documents. (a)  the Commissioner has started to re‑examine a complete specification relating to a patent under subsection (2); and. (b)  before the patent request was accepted: if the defendant proves that a patent could not validly have been granted to the applicant in respect of the claims (as framed when the act was done) that are alleged to have been infringed by the doing of the act. (d)  affects a condition in a contract for the lease of, or a licence to exploit, a patented product, that reserves to the lessor or licensor the right to supply new parts of the patented product that are required to put or keep it in repair. 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