Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 9A.4

    For paragraph   101C(b) of the Act, the examination of a complete specification for an innovation patent must be completed before the end of whichever of the following periods ends latest:

  (a)   the period of 6 months from the date on which the first report is issued under section   101B of the Act;

  (b)   the period mentioned in paragraph   13.4(1 )( d);

  (c)   if an appeal has been made to a prescribed court in relation to the patent -- the period of 3 months from the date on which the appeal is withdrawn, finally dealt with or determined, or such longer period as the court allows;

  (d)   if the Commissioner requires a document to be made available under subsection   43AA(4) of the Act--5 months from the date the requirement is made;

  (e)   if:

  (i)   the Commissioner has informed the patentee of a notice under subsection   28(1) of the Act; and

  (ii)   a ground for revocation is raised based on information in the notice;

    3 months from the date of the report that first mentions the ground for revocation;

  (f)   if:

  (i)   the Commissioner gives the applicant an opportunity to be heard in relation to a report under section   101B of the Act or regulation   10.2 by:

  (A)   notifying the applicant of the date by which written submissions must be filed; or

  (B)   notifying the applicant of the date, time and place of an oral hearing; and

  (ii)   the Commissioner makes a decision in writing in relation to the report;

    3 months from the date the decision is made;

  (g)   if the Commissioner revokes a certificate of examination under section   101EA of the Act--3 months from the date the decision to revoke is made.