Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 2.2

Information made publicly available--recognised exhibitions

             (1)  This regulation sets out:

                     (a)  for paragraph 24(1)(a) of the Act--a circumstance in relation to information made publicly available by, or with the consent of, the nominated person, patentee or predecessor in title of the nominated person or patentee; and

                     (b)  for subsection 24(1) of the Act--a period for making a complete application for an invention if the circumstance applies.

Circumstance--invention shown, used or published at recognised exhibition

             (2)  The circumstance is that the information has been made publicly available because the invention was:

                     (a)  shown or used at a recognised exhibition; or

                     (b)  published during a recognised exhibition at which the invention was shown or used.

Period

             (3)  The period for making a complete application for the invention is:

                     (a)  if the complete application claims priority from a basic application made within 6 months of the day of the showing, use or publication--12 months from the day the basic application was made; or

                     (b)  if the complete application is associated with a provisional application made within 6 months of the day of the showing, use or publication--12 months from the day the provisional application was made; or

                     (c)  otherwise--12 months from the day of the showing, use or publication.

             (4)  In this regulation:

"Paris Convention " means the Paris Convention for the Protection of Industrial Property of 20 March 1883, as in force for Australia on the commencing day.

"recognised exhibition " means:

                     (a)  an official or officially recognised international exhibition within the meaning of Article 11 of the Paris Convention or Article 1 of the Convention relating to International Exhibitions done at Paris on 22 November 1928, as in force for Australia on the commencing day; or

                     (b)  an international exhibition recognised by the Commissioner by a notice published in the Official Journal before the beginning of the exhibition.



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