Commonwealth Consolidated Regulations

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Transitional: examination of innovation patents converted from petty patent applications

             (1)  This regulation applies if:

                     (a)  an innovation patent has been granted; and

                     (b)  the application for the innovation patent was converted from an application for a petty patent; and

                     (c)  the Commissioner had begun to consider the petty patent application, or had begun to make any investigations in relation to the petty patent application, under section 50 of the old Act; and

                     (d)  the innovation patent is to be examined under Part 1 of Chapter 9A of the Act.

             (2)  In examining the innovation patent, the Commissioner is not required to consider the results of:

                     (a)  the consideration of the petty patent application; or

                     (b)  any investigations made in relation to the petty patent application.

             (3)  In this regulation:

"old Act " means the Patents Act 1990 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000 .

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