Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.16

Prescribed grounds and period for examination

  (1)   For the purposes of subsection   44(2) of the Act, the following grounds are prescribed:

  (a)   that the Commissioner reasonably considers it expedient to give the direction having regard to the progress made in the examination of applications filed before the filing date of the application concerned;

  (b)   that the Commissioner reasonably considers it to be in the public interest to give the direction;

  (c)   that the Commissioner reasonably considers it expedient to give the direction, having regard to the examination of another application for a standard patent or the examination of an innovation patent.

  (2)   For the purposes of subsection   44(2) of the Act, the prescribed period is 2 months from the day on which the direction was given.

  (3)   A direction must be given in writing and state the grounds on which it is given.


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