Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The amendments of these Regulations made by the items of Schedule 1 to the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1) apply as set out in the following table.
Transitional provisions | ||
Column 1 The amendments made by: | Column 2 apply in relation to: | |
1 | item 1 | the matters referred to in subitem 55(1) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
2 | item 2 | the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
3 | item 3 | the matters referred to in subitem 55(1) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
4 | item 5 | the matters referred to in subitem 55(4) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
5 | items 6, 7 and 8, in their application to the re - examination of a standard patent | the matters referred to in subitem 55(5) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
6 | items 6, 7 and 8, in their application to the re - examination of an innovation patent | the matters referred to in subitem 55(7) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
7 | item 9 | the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
8 | item 10, new subregulation 10.3(1) | a provisional specification filed on or after 15 April 2013 |
9 | item 10, new subregulation 10.3(2) | the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 , but treating the first reference to a complete specification in that subitem as a reference to an abstract |
10 | item 11 | the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
11 | item 12 | the matters referred to in subitem 55(4) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
12 | item 13 | the matters referred to in subitem 55(8) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
13 | items 15, 16, 17, 18 and 20 | the matters referred to in subitem 55(3) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
(2) The amendments of these Regulations made by the items of Part 1 of Schedule 3 to the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1) apply as set out in the following table.
Transitional provisions | ||
Column 1 The amendments made by: | Column 2 apply in relation to: | |
1 | item 2 (new regulation 5.3) | an opposition proceeding commenced before 15 April 2013 |
2 | item 2 (new subregulations 5.9(1) to (5)) and item 9 (new item 218 of Schedule 7) | an opposition proceeding commenced before 15 April 2013 in which an extension of time is requested for a period that commences on or after 15 April 2013 However: (a) a reference in subregulation 5.9(1) to regulation 5.8 is taken to be a reference to regulation 5.8 as in force immediately before 15 April 2013; and (b) paragraph 5.10(1)(b) and subregulation 5.10(2), as in force immediately before 15 April 2013, are taken not to apply |
3 | an opposition proceeding commenced before 15 April 2013 in which the Commissioner has not set a hearing date, or issued a notice of hearing to the parties, before 15 April 2013 However: (a) a reference in that regulation to regulation 5.26 is taken to be a reference to regulation 5.15 as in force immediately before 15 April 2013; and (b) a reference in that regulation to Part 5.4 is taken to be a reference to regulation 5.5 as in force immediately before 15 April 2013; and (c) a reference in that regulation to regulation 5.19 is taken to be a reference to regulation 5.6 as in force immediately before 15 April 2013; and (d) regulation 5.12, as in force immediately before 15 April 2013, is taken not to apply | |
4 | items 2, 7 and 9 | an opposition proceeding commenced by the filing of a notice of opposition on or after 15 April 2013 However, if: (a) an amendment was advertised under regulation 10.5 before 15 April 2013; and (b) a notice of opposition is filed for subsection 104(4) of the Act on or after 15 April 2013; the reference in subregulation 5.10(1) to 2 months is taken to be a reference to 3 months Also, if: (a) an opposition proceeding was commenced by the filing of a notice of opposition before 15 April 2013; and (b) a document or evidence was not served in relation to the opposition proceeding before 15 April 2013; and (c) the document or evidence is required to be served on or after 15 April 2013; then: (d) a requirement in Chapter 5, or regulation 22.21, as in force immediately before 15 April 2013, for a party to serve a document or evidence on a person is taken to be a requirement to file the document or evidence; and (e) a reference to a document or evidence having been served is taken to be a reference to the document or evidence having been filed; and (f) the Commissioner must give a copy of the document or evidence to the person; and (g) if: (i) under Chapter 5, as in force immediately before 15 April 2013, a period for the person to do an action was calculated from the date that a party served the document or evidence; and (ii) the Commissioner does not give the document or evidence to the person on the filing date; the Commissioner must extend the period for the person to do the action by a number of days equal to the number of days between when the document or evidence was filed and when the Commissioner gave the document or evidence to the person |
5 | the matters referred to in subitem 32(3) of Schedule 3 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 | |
6 | the matters referred to in subitem 32(4) of Schedule 3 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 | |
(3) The amendment of these Regulations made by item 14 of Schedule 4 to the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1) applies in relation to a charge that:
(a) is laid against a registered patent attorney on or after 15 April 2013; and
(b) alleges the commission of a serious offence.
(4) The amendments of these Regulations made by the items of Part 2 of Schedule 6 to the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1) apply as set out in the following table.
Transitional provisions | ||
Column 1 The amendments made by: | Column 2 apply in relation to: | |
1 | item 5 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
2 | item 6 | the matters referred to in subitem 133(1) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
3 | item 7 | the matters referred to in subitem 133(4) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
4 | item 8 | a complete application for a standard patent in which a request for examination is made on or after 15 April 2013 |
5 | items 9 to 12 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
6 | item 13 | a PCT application that enters the national phase on or after 15 April 2013 |
7 | items 14 to 18 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
8 | item 20 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
9 | item 21 | the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
10 | item 22 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
11 | item 23 | the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
12 | the matters referred to in subitem 133(8) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 | |
13 | item 25 and 26 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
14 | item 27 | a direction issued under subsection 44(2) of the Act, on or after 15 April 2013 |
15 | item 28 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
16 | item 30 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
17 | item 31 | a PCT application that enters the national phase on or after 15 April 2013 |
18 | items 36 and 37 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
19 | item 38 | a document that: (a) is related to a patent application; and (b) is not a specification; filed before, on or after 15 April 2013 |
20 | item 39 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
21 | items 40 and 41 | the matters referred to in subitem 133(9) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
22 | item 42 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
23 | item 43 | a PCT application filed with a receiving Office on or after 15 April 2013 |
24 | item 44 | the matters referred to in subitem 133(9) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
25 | item 45 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
26 | an application in relation to which a request for examination is made on or after 15 April 2013 | |
27 | the matters referred to in subitem 133(12) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 | |
28 | items 48 to 50 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
29 | item 51 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
30 | item 53 | an application or patent in relation to which leave to amend the patent request, complete specification or other filed document is granted on or after 15 April 2013 |
31 | item 54 | the matters referred to in subitem 133(3) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 unless other arrangements are made in this regulation |
32 | item 54 | a request to rectify the Register to which the following apply: (a) the request was published before 15 April 2013; (b) the period to file an opposition under subregulation 5.3(5A) had not expired before 15 April 2013; |
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| (c) no notice of opposition was filed before 15 April 2013; as if it were a request to rectify the Register made on 15 April under regulation 10.7 |
33 | item 55 | all of the following: (a) aircraft, land vehicles and vessels that were foreign aircraft, foreign land vehicles or foreign vessels, within the meaning of the Act, immediately before 15 April 2013; (b) aircraft and vessels that are registered on or after 15 April 2013; (c) land vehicles the ownership of which is acquired on or after 15 April 2013 |
34 | item 56 | the matters referred to in subitem 133(9) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
35 | item 57 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
36 | item 58 | the matters referred to in subitem 133(15) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
37 | item 61 | the matters referred to in subitem 133(6) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
38 | an application in relation to which a request for examination is made on or after 15 April 2013 | |
39 | the matters referred to in subitem 133(11) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 | |
40 | an application in relation to which a request for examination is made on or after 15 April 2013 | |
41 | the matters referred to in subitem 133(11) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 | |
42 | items 65 and 66 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
43 | items 67 and 68 | an application in relation to which a request for examination is made on or after 15 April 2013 |
44 | item 77, other than the insertion of new subregulation 22.22(1) | a hearing for which the Commissioner has issued a hearing notice, or an invitation to be heard, on or after 15 April 2013 |
45 | item 78 | an act referred to in subsection 226(1) of the Act done in relation to a prescribed document on or after 15 April 2013 |
46 | item 80 | a PCT application that enters the national phase on or after 15 April 2013 |
47 | item 81 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
48 | item 82 | the matters referred to in subitem 133(3) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
49 | item 83 | the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
50 | items 84 and 85 | the matters referred to in subitem 133(9) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
51 | item 86 | an application in relation to which a request for examination is made on or after 15 April 2013 |
(5) The amendments of these Regulations made by the items of Part 2 of Schedule 6 to the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1) do not apply as set out in the following table.
Transitional provisions | ||
Column 1 The amendments made by: | Column 2 do not apply: | |
1 | item 29 | in relation to the matters referred to in subitem 134(1) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
2 | items 32 to 35 | in relation to the matters referred to in subitem 134(1) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
3 | item 52 | in relation to the matters referred to in item 134 of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
4 | item 54 | to the extent that they would prevent the correction of a patent granted before 15 April 2013 in accordance with regulation 10.7 as in force immediately before 15 April 2013 |
5 | item 60 | in relation to the matters referred to in item 134 of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 |
(6) Regulation 8.3, as continued in force in accordance with this regulation, is amended by omitting subregulation 8.3(2) and inserting:
(2) At the end of section 141:
Add:
(3) Despite subsection (2), a PCT application is also to be treated as having been withdrawn if Article 11(3) of the PCT ceases to have effect in Australia in relation to the application under Article 24(1)(i) of the PCT.
Note: This amendment applies in relation to a PCT application that was made before 15 April 2013 and for which a notice of withdrawal was filed on or after 15 April 2013.