Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The amendments of these Regulations made by Schedule 1 to the Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015 (the amending instrument ) apply in relation to patents granted before or after the commencement of that Schedule.
(2) The amendments of these Regulations made by items 2 to 13 of Schedule 4 to the amending instrument apply in relation to the following:
(a) patents for which the complete application is made after that Schedule commences;
(b) standard patents for which the application had been made before that Schedule commences, if the applicant had not asked for an examination of the patent request and specification for the application under section 44 of the Patents Act 1990 before that time;
(c) innovation patents granted after that Schedule commences, if the complete application to which the patent relates had been made before that time;
(d) complete patent applications made after the time that Schedule commences;
(e) complete applications for standard patents made before the commencement of that Schedule, if the applicant had not asked for an examination of the patent request and specification for the application under section 44 of the Patents Act 1990 before that time;
(f) complete applications for innovation patents made before that Schedule commences, if a patent had not been granted in relation to the application on or before that time;
(g) innovation patents granted before that Schedule commences, if:
(i) the Commissioner had not decided to examine the complete specification relating to the patent under section 101A of the Patents Act 1990 before that time; and
(ii) the patentee or any other person had not asked the Commissioner to examine the complete specification relating to the patent under section 101A of the Patents Act 1990 before that time.
(3) Regulation 3.25 as repealed and substituted by Schedule 5 of the amending instrument applies in relation to requests made after the commencement of that Schedule, regardless of when the micro - organism was deposited with a prescribed depository institution.
(4) Regulation 3.25A as inserted by Schedule 5 of the amending instrument applies in relation to applications for standard patents made:
(a) after the commencement of that Schedule; and
(b) before the commencement of that Schedule, if the complete specification relating to the application is not open to public inspection at that commencement.