Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:5:p1
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 5 (pt 1/10)
Character Range: 387058–389897

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 (3) Despite subsection (2), a PCT application is also to be treated as having been withdrawn if Article 11(3) of the PCT ceases to have effect in Australia in relation to the application under Article 24(1)(i) of the PCT.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.

23.37  Amendments made by Intellectual Property Legislation Amendment (TRIPS Protocol and Other Measures) Regulation 2015
 (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