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1991 No. 71*1* PATENTS REGULATIONS - List of Regulations

Regulation

1991 No. 71 PATENTS REGULATIONS - TABLE OF PROVISIONS

1991 No. 71 PATENTS REGULATIONS - CHAPTER 1
CHAPTER 1-INTRODUCTORY

1.1. Citation
1.2. Commencement
1.3. Interpretation
1.4. English text of Treaties
1.5. Prescribed periods: deposit requirements
1.6. Disclosure
1.7. Verification of translations of international applications
1991 No. 71 PATENTS REGULATIONS - CHAPTER 2
CHAPTER 2-PATENT RIGHTS, OWNERSHIP AND VALIDITY

2.1. Applications by co-owners for directions
2.2. Publication or use: prescribed circumstances and periods
2.3. Prescribed period: publication or use affecting validity
2.4. Prescribed period: patents of addition
2.5. Prescribed period: assertion that invention is not patentable
2.6. Prescribed period: notification of assertion of invalidity of petty patent
2.7. Documents to accompany notice of assertions of invalidity
1991 No. 71 PATENTS REGULATIONS - CHAPTER 3
CHAPTER 3-FROM APPLICATION TO ACCEPTANCE

1991 No. 71 PATENTS REGULATIONS
PART 1-INVENTIONS GENERALLY

3.1. Prescribed documents: patent applications
3.2. Specifications
3.3. Abstracts
3.4. Substitute abstracts
3.5. Filing date
3.6. Requests to make determinations between applicants
3.7. Form of certain applications
3.8. Applications to be made before certain decisions and declarations
3.9. Prescribed period: treatment of complete application as provisionsal
3.10. Prescribed period: making of complete applications
3.11. Making divisional applications
3.12. Priority dates generally
3.13. Priority dates: certain persons and applications
3.14. Priority dates: certain amended claims
3.15. Prescribed period and form of request for examination
3.16. Prescribed grounds and period for examination
3.17. Requirement for Commissioner to direct or expedite examination
3.18. Report of Commissioner: examination
3.19. Conduct of examination
3.20. Requests for deferment of examination or modified examination
3.21. Prescribed foreign countries: requests for deferment of examination and modified examination
3.22. Consideration of petty patent application
1991 No. 71 PATENTS REGULATIONS - PART 2
PART 2-INVENTIONS THAT ARE MICRO-ORGANISMS

3.23. Documents in accepted applications and patents involving micro-organisms
3.24. Commissioner may request samples and viability statement
3.25. Request for Commissioner's certificate authorising release of sample of a micro-organism
3.26. Breach of undertakings given in respect of micro-organisms
3.27. Procedure in proceedings for breach of an undertaking
3.28. Relief in proceedings for breach of undertakings
3.29. Notification that a deposit requirement has ceased to be satisfied
3.30. Prescribed period: deposit requirements taken to be satisfied
3.31. Application for declaration that deposit requirements are not satisfied
1991 No. 71 PATENTS REGULATIONS - CHAPTER 4
CHAPTER 4-PUBLICATION

4.1. Prescribed information: applicants and applications
4.2. Notice that specification is open to public inspection
4.3. Prescribed documents: public inspection
1991 No. 71 PATENTS REGULATIONS - CHAPTER 5
CHAPTER 5-OPPOSITION

5.1. Application of this Chapter
5.2. Interpretation
5.3. Filing of opposition
5.4. Filing of statement
5.5. Dismissal of opposition
5.6. Determination of opposition
5.7. Opponent to serve copy of substitute statement
5.8. Time for giving of evidence
5.9. Amendment of statement
5.10. Conduct of proceedings to which this Chapter applies
5.11. Commissioner may inform himself or herself
5.12. Hearing of opposition
5.13. Representations to Commissioner
5.14. Commissioner not required to hold hearing
5.15. Withdrawal of opposition
1991 No. 71 PATENTS REGULATIONS - CHAPTER 6
CHAPTER 6-GRANT AND TERM OF PATENTS

6.1. Publication of notice of grant of standard patent
6.2. Prescribed period: grant of standard patent
6.3. Date of patent
6.4. Form of application for sealing of duplicate of patent
6.5. Application for extension of term of petty patent
6.6. Deciding an application for extension of term of petty patent
6.7. Prescribed period: lapse of applications for extension of term
1991 No. 71 PATENTS REGULATIONS - CHAPTER 7
CHAPTER 7-PATENTS OF ADDITION

7.1. Form of application for grant of patent of addition etc.
7.2. Form of application for revocation of patent and grant of patent of addition instead
1991 No. 71 PATENTS REGULATIONS - CHAPTER 8
CHAPTER 8-PCT APPLICATIONS AND CONVENTION APPLICATIONS

1991 No. 71 PATENTS REGULATIONS - PART 1
PART 1-PCT APPLICATIONS

8.1. International applications taken to be applications under the Act
8.2. Prescribed documents: PCT application
8.3. Modification of Act to apply to PCT applications
8.4. Form of request and prescribed documents: PCT applications
1991 No. 71 PATENTS REGULATIONS - PART 2
PART 2-CONVENTION APPLICATIONS

8.5. Convention countries
8.6. Particulars required for Convention application
8.7. Form of request in relation to withdrawn, abandoned or refused applications
1991 No. 71 PATENTS REGULATIONS - CHAPTER 9
CHAPTER 9-RE-EXAMINATION

9.1. Commissioner may re-examine complete specification when grant opposed
9.2. Request for re-examination of complete specification
9.3. Copy of report on re-examination
9.4. Prescribed period: statement disputing report by Commissioner
9.5. Completion of re-examination
1991 No. 71 PATENTS REGULATIONS - CHAPTER 10
CHAPTER 10-AMENDMENTS

10.1. Form of amendments
10.2. Commissioner to consider and deal with requests for leave to amend
10.3. Amendments not allowable
10.4. Commissioner to refuse request for leave to amend
10.5. Commissioner to grant leave to amend
10.6. Allowance of amendments
10.7. Correction of Register or patent
10.8. Prescribed decisions: appeal to Federal Court
10.9. Pending proceedings: amendments relating to micro-organisms
10.10.Prescribed period: filing of court order
10.11.Form of direction by Commissioner: patents
10.12.Form of direction by Commissioner: applications
10.13.Form of direction by Commissioner: extension of petty patent term
10.14.Form of request: claim under assignment or agreement
1991 No. 71 PATENTS REGULATIONS - CHAPTER 11
CHAPTER 11-INFRINGEMENT

11.1. Infringement exemptions: prescribed foreign countries
1991 No. 71 PATENTS REGULATIONS - CHAPTER 12
CHAPTER 12-COMPULSORY LICENCES AND REVOCATION OF PATENTS

12.1. Lodgment of applications for compulsory licences
12.2. Prescribed period: revocation of standard patent
12.3. Form of notice: offer to surrender patent
12.4. Applications to revoke patents
1991 No. 71 PATENTS REGULATIONS - CHAPTER 13
CHAPTER 13-WITHDRAWAL AND LAPSING OF APPLICATIONS
AND CEASING OF PATENTS

13.1. Publication of notice of withdrawal of application
13.2. Prescribed period: request for examination of applications
13.3. Prescribed period: continuation fees
13.4. Prescribed period: acceptance of request and specification
13.5. If applications lapse
13.6. Time for payment of renewal fee for standard patent
1991 No. 71 PATENTS REGULATIONS - CHAPTER 15
CHAPTER 15-SPECIAL PROVISIONS RELATING TO ASSOCIATED TECHNOLOGY

15.1. Time for restoration of application for patent
15.2. Requirements for reinstatement of international applications
15.3. Prescribed period: order relating to a standard patent
1991 No. 71 PATENTS REGULATIONS - CHAPTER 17
CHAPTER 17-THE CROWN

17.1. Prescribed period: order relating to a standard patent
17.2. Prescribed period, document and fee: filing of international applications
1991 No. 71 PATENTS REGULATIONS - CHAPTER 19
CHAPTER 19-THE REGISTER AND OFFICIAL DOCUMENTS

19.1. Particulars to be registered
19.2. Request for information from Commissioner
1991 No. 71 PATENTS REGULATIONS - CHAPTER 20
CHAPTER 20-PATENT ATTORNEYS

1991 No. 71 PATENTS REGULATIONS - PART 1
PART 1-INTRODUCTORY

20.1. Interpretation
20.2. How to make an application
1991 No. 71 PATENTS REGULATIONS - PART 2
PART 2-OBTAINING REGISTRATION FOR THE FIRST TIME

1991 No. 71 PATENTS REGULATIONS - DIVISION 1
Division 1-Generally

20.3. Requirements for registration
20.4. Procedure for registration
20.5. Certificate of registration
1991 No. 71 PATENTS REGULATIONS - DIVISION 2
Division 2-Prescribed subjects and academic qualifications

20.6. Examination to be conducted
20.7. Time for holding examinations
20.8. Particulars of subjects
20.9. Admission to sit for an examination
20.10.Notification of results
20.11.Reasons for failure
20.12.Supplementary examination
20.13.Exemption from examination
20.14.Approval of courses and examinations
20.15.Certificate of academic qualifications
20.16.Certificate of completion of examinable subjects and of academic qualifications
1991 No. 71 PATENTS REGULATIONS - DIVISION 3
Division 3-Rights of Patent Attorneys

20.17.Lien
1991 No. 71 PATENTS REGULATIONS - PART 3
PART 3-RENEWAL OF REGISTRATION: PAYMENT OF ANNUAL FEE

20.18.Annual registration fee
20.19.Restoration of patent attorney s name to the Register
1991 No. 71 PATENTS REGULATIONS - PART 4
PART 4-DISCIPLINE

1991 No. 71 PATENTS REGULATIONS - DIVISION 1
Division 1-Complaints, decisions of the Disciplinary Tribunal and
consequential action

20.20.Complaints
20.21.Authorisation to bring proceedings against a patent attorney
20.22.Bringing of proceedings
20.23.Decision of Disciplinary Tribunal
20.24.Publication of decision
20.25.Completion of outstanding business
1991 No. 71 PATENTS REGULATIONS - DIVISION 2
Division 2-Procedure etc. relating to the Disciplinary Tribunal

20.26.Procedure of Disciplinary Tribunal
20.27.Hearings to be public except in special circumstances
20.28.Representation before Disciplinary Tribunal
20.29.Summoning of witnesses
20.30.Offences by persons appearing before Disciplinary Tribunal
20.31.Protection of person constituting Disciplinary Tribunal, witnesses, etc.
1991 No. 71 PATENTS REGULATIONS - PART 5
PART 5-ADMINISTRATION

1991 No. 71 PATENTS REGULATIONS - DIVISION 1
Division 1-The Patent Attorneys Professional Standards Board

20.32.Establishment of Board
20.33.Election of Board members
20.34.Term of office of Board members
20.35.Resignation and removal from office as Board member
20.36.Replacement of elected Board members failing to serve their full term
20.37.Meetings of Board
20.38.Member presiding at meetings of Board
20.39.Quorum for meetings of Board
20.40.Secretary to Board
1991 No. 71 PATENTS REGULATIONS - DIVISION 2
Division 2-The Patent Attorneys Disciplinary Tribunal

20.41.Establishment of Disciplinary Tribunal
20.42.Disciplinary Tribunal: substantive appointments
20.43.Disciplinary Tribunal: acting appointments
20.44.Qualifications for holding, or acting as, Disciplinary Tribunal
20.45.Disclosure of interest
1991 No. 71 PATENTS REGULATIONS - CHAPTER 21
CHAPTER 21-ADMINISTRATION

21.1. Patent Office and sub-offices
1991 No. 71 PATENTS REGULATIONS - CHAPTER 22
CHAPTER 22-MISCELLANEOUS

1991 No. 71 PATENTS REGULATIONS - PART 1
PART 1-FEES AND COSTS

1991 No. 71 PATENTS REGULATIONS - DIVISION 1
Division 1-Fees

22.1. Fees generally
22.2. General fees
22.3. General fees for international applications
22.4. Fees for international applications payable for the benefit of the International Bureau
22.5. PCT Fund
22.6. Exemption from fees
22.7. Refund of certain fees
1991 No. 71 PATENTS REGULATIONS - DIVISION 2
Division 2-Costs

22.8. Costs
1991 No. 71 PATENTS REGULATIONS - PART 2
PART 2-OTHER MATTERS

22.9. Death of applicant or nominated person
22.10.Address for service
22.11.Extension of time
22.12.Evidence
22.13.Declarations
22.14.Directions not otherwise prescribed
22.15.Documents to be in English
22.16.Documents other than specifications and abstracts
22.17.Incapacity of certain persons
22.18.Destruction of documents
22.19.Copies of certain documents to be supplied
22.20.International applications and the Patent Office
22.21.Protection or compensation of certain persons
22.22.Exercise by Commissioner of certain powers
22.23.Hearings
22.24.Practice and procedure other than for opposition proceedings
22.25.Requirements cannot be complied with for reasonable cause
22.26.Review of decisions
1991 No. 71 PATENTS REGULATIONS - CHAPTER 23
CHAPTER 23-TRANSITIONAL AND SAVINGS PROVISIONS

23.1. Saving: prohibition orders
23.2. Delegation: certain matters referred to in this Chapter
23.3. Opposition to grant: practice and procedure
23.4. Certain opposition: practice and procedure
23.5. Fees payable for certain matters relating to opposition
23.6. Certain delegations: opposition
23.7. Certain undertakings
23.8. Restoration of lapsed applications or ceased patents
23.9. Certain continuation and renewal fees
23.10.Fee taken to have been paid
23.11.Supply of product referred to in section 117 of the Act
23.12.Certain withdrawn, abandoned or refused applications
23.13.Certain certificates of validity
23.14.Certain action under the 1952 Act
23.15.Amendment of petty patents
23.16.Certain applications under 1952 Act: time for acceptance
23.17.PCT applications to which subsection 89 (5) of the Act does not apply
23.18.Certain priority dates: saving
23.19.Appointment of certain examiners
23.20.Patent attorneys: continued application of certain provisions
23.21.Patent Attorneys Professional Standards Board: continuation of appointments
23.22.Secretary to Patent Attorneys Professional Standards Board: continuation of appointment
23.23.Patent Attorneys Disciplinary Tribunal: continuation
23.24.Matters begun under the former attorneys Regulations not finally dealt with before the commencing day
23.25.Fees
23.26.Certain actions and proceedings
1991 No. 71 PATENTS REGULATIONS - SCHEDULE 1

1991 No. 71 PATENTS REGULATIONS - SCHEDULE 2

1991 No. 71 PATENTS REGULATIONS - SCHEDULE 3

1991 No. 71 PATENTS REGULATIONS - SCHEDULE 4

1991 No. 71 PATENTS REGULATIONS - SCHEDULE 5

1991 No. 71 PATENTS REGULATIONS - SCHEDULE 6

1991 No. 71 PATENTS REGULATIONS - SCHEDULE 7

1991 No. 71 PATENTS REGULATIONS - SCHEDULE 8

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