Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:5:p9
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 5 (pt 9/11)
Character Range: 356355–359150

that, subject to the Administrative Review Tribunal Act 2024, application may be made to the ART for review of that decision by or on behalf of the person whose interests are affected by it.
 (4) Failure to comply with subregulation (3) in relation to a decision does not affect the validity of the decision.
 (5) If the ART reviews a decision of the Commissioner under subsection 224(1) of the Act and the decision is not affirmed, the Commissioner must publish a notice of the decision of the ART in the Official Journal.

22.27  Documents not to infringe copyright—prescribed documents
 (1) For paragraph 226(2)(c) of the Act, the following documents are prescribed:
 (a) a document open to public inspection under Chapter 4 of the Act;
 (b) a document open to public inspection under these Regulations.
 (2) However, a journal, book or catalogue is not prescribed if:
 (a) it is provided for prosecution, examination or proceedings in relation to a patent application, or subsequent patent; and
 (b) a right subsisting in the journal, book or catalogue under the Copyright Act 1968 is held by a party other than the patent applicant, patentee or another person who has filed a document for the application or patent.

Chapter 23—Application, saving and transitional provisions

Part 1—General

23.1  Saving: prohibition orders
  Subsection 4(2) of the 1952 Act continues in force.

23.32  Transitional: priority date and date of patent for innovation patent application that is a divisional application of a petty patent or petty patent application
 (1) For an innovation patent that is a divisional application of a petty patent or a petty patent application under section 39 of the old Act:
 (a) the priority date of the innovation patent is the date that would have been the priority date of the application under paragraph 3.12(1)(c) of the old Regulations if the innovation patent application had been filed as a divisional application under section 39 of the old Act; and
 (b) the date of the innovation patent is the date that would have been the date of the patent under paragraph 6.3(1)(f) or (g) of the old Regulations if the innovation patent application had been filed as a divisional application under section 39 of the old Act.
 (2) In this regulation:
old Act means the Patents Act 1990 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000.
old Regulations means the Patents Regulations 1991 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000.

23.33  Transitional: examination of innovation patents converted from petty patent applications
 (1) This regulation applies if:
 (a) an innovation patent has been granted; and
 (b) the application for the innovation patent was