PATENTS REGULATIONS 1991 - REG 23.36 Amendments made by Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1)

Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 23.36

Amendments made by Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1)

(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
Item
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

Transitional provisions
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
Item
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 2 18 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
item 2 (new regulation 5.20)
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
item 3 (new regulation 6A.1)
the matters referred to in subitem 32(3) of Schedule 3 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
6
item 3 (new regulation 6A.2)
the matters referred to in subitem 32(4) of Schedule 3 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Transitional provisions
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 2 18 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	item 2 (new regulation 5.20)	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	item 3 (new regulation 6A.1)	the matters referred to in subitem 32(3) of Schedule 3 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
6	item 3 (new regulation 6A.2)	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
Item
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 2 0
the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
9
item 2 1
the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
10
item 2 2
the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
11
item 2 3
the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
12
item 2 4, regulation 3.14C
the matters referred to in subitem 133(8) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
13
item 2 5 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 2 7
a direction issued under subsection 44(2) of the Act, on or after 15 April 2013
15
item 2 8
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
item 47, paragraph 9A.4(f)
an application in relation to which a request for examination is made on or after 15 April 2013
27
item 47, paragraph 9A.4(g)
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;

(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
item 62, new paragraph 13.4(1)(g)
an application in relation to which a request for examination is made on or after 15 April 2013
39
item 62, new paragraph 13.4(1)(ga)
the matters referred to in subitem 133(11) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
40
item 64, reference to new paragraph 13.4(1)(g)
an application in relation to which a request for examination is made on or after 15 April 2013
41
item 64, reference to new paragraph 13.4(1)(ga)
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

Transitional provisions
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 2 0	the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
9	item 2 1	the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
10	item 2 2	the matters referred to in subitem 133(2) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
11	item 2 3	the matters referred to in subitem 55(9) of Schedule 1 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
12	item 2 4, regulation 3.14C	the matters referred to in subitem 133(8) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
13	item 2 5 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 2 7	a direction issued under subsection 44(2) of the Act, on or after 15 April 2013
15	item 2 8	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	item 47, paragraph 9A.4(f)	an application in relation to which a request for examination is made on or after 15 April 2013
27	item 47, paragraph 9A.4(g)	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;
		(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	item 62, new paragraph 13.4(1)(g)	an application in relation to which a request for examination is made on or after 15 April 2013
39	item 62, new paragraph 13.4(1)(ga)	the matters referred to in subitem 133(11) of Schedule 6 to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
40	item 64, reference to new paragraph 13.4(1)(g)	an application in relation to which a request for examination is made on or after 15 April 2013
41	item 64, reference to new paragraph 13.4(1)(ga)	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
Item
Column 1
The amendments made by:
Column 2
do not apply:
1
item 2 9
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

Transitional provisions
1	item 2 9	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.

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Transitional provisions
Item	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