Commonwealth Consolidated Regulations

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             (1)  In these Regulations, unless the contrary intention appears:

"AAT " means the Administrative Appeals Tribunal.

"abstract " means abstract of a complete specification.

"acceptance " means:

                     (a)  in relation to a patent request and complete specification relating to an application for a standard patent--acceptance of the patent request and complete specification under section 49 of the Act; and

                     (b)  in relation to a patent request and complete specification relating to an application for an innovation patent--acceptance of the patent request and complete specification under section 52 of the Act.

"approved digital library " means a library or other facility that the Commissioner specifies as a digital library, for this definition, in the Official Journal .

Example:    The library administered by the International Bureau of the World Intellectual Property Organization, known as the "Digital Access Service for Priority Documents" or "DAS".

"basic documents " means documents filed in a Convention country in respect of a basic application.

"certificate of verification " means a statement:

                     (a)  that a document to which the statement relates is a true and complete translation of the relevant document to the best of the knowledge of the person who signs the statement; and

                     (b)  that is dated and signed.

"Code of Conduct " means the standard of practice titled "Code of Conduct for Patent and Trade Marks Attorneys" that is established by the Board from time to time.

"competent authority " , in relation to a Convention country, means a person who, under the laws of the country or the arrangements in place in the country, is authorised to certify copies of specifications of patents for the country.

"Council for TRIPS " means the Council for Trade-Related Aspects of Intellectual Property Rights established under Article IV of the WTO Agreement.

"Disciplinary Tribunal " means the Trans-Tasman IP Attorneys Disciplinary Tribunal established by regulation 20.61.

"eligible importing country " : see regulation 1.4A.

"expedited dispatch " means a means of supplying documents that can reasonably be expected usually to be faster than ordinary post.

"former attorneys Regulations " means the Patent Attorneys Regulations as in force under the 1952 Act immediately before 30 April 1991.

"former patents Regulations " means the Patents Regulations in force immediately before the commencing day under the 1952 Act.

"International Bureau " means the International Bureau of the World Intellectual Property Organization.

"least developed country " means a country included in the list of least developed countries maintained by the United Nations, as in force from time to time.

Note:          The list of least developed countries could in 2015 be viewed on the United Nations' website (

"New Zealand " has the meaning given by section 29 of the Interpretation Act 1999 of New Zealand, as in force at the commencement of this definition.

"ordinarily resident " : a person is taken to be ordinarily resident in a country if:

                     (a)  the person has his or her home in that country; or

                     (b)  that country is the country of his or her permanent abode even though he or she is temporarily absent from that country.

However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.

"Panel Chair " , in relation to a Panel of the Disciplinary Tribunal, means:

                     (a)  the President; or

                     (b)  if the President is unable to perform his or her functions in proceedings of the Panel because of a conflict of interest--the person appointed under subregulation 20.64(2) to be the Panel Chair for the proceedings.

"Panel of the Disciplinary Tribunal " means a Panel constituted under regulation 20.36 or 20A.11.

"President " means the President of the Disciplinary Tribunal.

"Register of Patent Attorneys " means the register mentioned in section 198 of the Act.

"the Act " means the Patents Act 1990 .

"Tribunal member " means a member of the Disciplinary Tribunal and includes the President.

"WTO Agreement " means the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

"WTO member " means a country that is a full member of the World Trade Organization.

Note:          The list of members of the World Trade Organization could in 2015 be viewed on the World Trade Organization's website (

             (2)  A reference in these Regulations to:

                     (a)  the giving of a notice or other document; or

                     (b)  the making of a request or an application;

to the Commissioner or the Patent Office includes a reference to the filing of the document.

             (3)  A reference in these Regulations to a document that is open to public inspection is a reference to a document that may be inspected by the public at the Patent Office.

             (4)  If the Commissioner gives a document to a person, the document is taken to have been given to the person on the day the document is dated by the Commissioner.

             (5)  The Commissioner may give a document to a person by:

                     (a)  making the document available to the person in an electronic form; and

                     (b)  notifying the person that the document is available.

             (6)  A requirement in these Regulations to give information to the Commissioner or to another person (whether the expression 'give', 'tell', 'inform' or another expression is used) is a requirement to give the information in writing, unless the contrary intention appears.

             (7)  For these Regulations, a period expressed in months is to be worked out in the way described in Rule 80.2 of the PCT.

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