Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 2.2B

  (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--working of invention for reasonable trial

  (2)   The circumstance is that:

  (a)   the information has been made publicly available because the invention was worked in public; and

  (b)   the working of the invention was for the purposes of a reasonable trial of the invention; and

  (c)   because of the nature of the invention, it was reasonably necessary for the working to be in public.

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 12 months of the start of the public working of the invention--12 months from the day the basic application was made; or

  (b)   if the complete application is associated with a provisional application made within 12 months of the start of the public working of the invention--12 months from the day the provisional application was made; or

  (c)   otherwise--12 months from the start of the public working of the invention.