Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p17
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 17/73)
Character Range: 196080–198786

claims an interest in the patent as soon as practicable after lodgment; and
 (b) lodge with the Registrar notice of the date when, and the place where, he or she complied with paragraph (a).
 (4) For subregulation (3), the applicant must serve the copy in accordance with Rules made by the Federal Court for the service of the application and declaration, as in force from time to time.
Note: In a transitional period after this subregulation commences, there may be different Rules made by the Federal Court to deal with service in particular circumstances.

12.2  Prescribed period: revocation of patent
 (1) For subsection 134(1) of the Act, the prescribed period is 2 years from the date of the grant of the first compulsory licence in respect of a patent.
 (2) The Federal Court may, as a preliminary issue, hear and determine the question of the right of the person concerned to apply for revocation of a patent in respect of which a compulsory licence has been ordered.

Part 2—Patented pharmaceutical invention compulsory licences (for manufacture and export to eligible importing countries)

12.2A  Applications for PPI orders
 (1) An applicant for a PPI order in relation to the export of a pharmaceutical product to an eligible importing country must lodge, with the Registrar of the Federal Court, an application that includes the following:
 (a) the name and address of the applicant;
 (b) the applicant's address for service in relation to the application;
 (c) the name of the eligible importing country;
 (d) if the pharmaceutical product is to be imported by a person on behalf of, and with the authorisation of, the eligible importing country—the name and address of that person;
 (e) the name of the pharmaceutical product;
 (f) the proposed use of the pharmaceutical product in the eligible importing country;
 (g) the amount of the pharmaceutical product proposed to be manufactured for export;
 (h) the proposed duration of the PPI compulsory licence;
 (i) the identity of the patent;
 (j) the name of the patentee;
 (k) if the patent is an innovation patent—the date of certification of the innovation patent.
 (2) For paragraph (1)(b), the address for service must be an address that is mentioned in Rules made by the Federal Court for the service of the application, as in force from time to time.
 (3) The applicant must:
 (a) serve a copy of the application on the patentee and any other person who claims an interest in the patent as soon as practicable after lodgement; and
 (b) lodge with the Registrar notice of the date when, and the place where, he or she complied with paragraph (a).
 (4) For subregulation (3), the applicant must serve the copy in accordance with Rules