Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_18
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 18499–19478

18  Subsection 45(1)
Repeal the subsection, substitute:

 (1) Where an applicant asks for an examination of a patent request and complete specification relating to an application for a standard patent, the Commissioner must examine the request and specification and report on:
 (a) whether the specification complies with section 40; and
 (b) whether, to the best of his or her knowledge, the invention, so far as claimed, satisfies the criterion mentioned in paragraph 18(1)(a); and
 (c) whether, to the best of his or her knowledge, the invention, so far as claimed in any claim and when compared with the prior art base as it existed before the priority date of that claim:
 (i) is novel; and
 (ii) involves an inventive step; and
 (d) such other matters (if any) as are prescribed.

 (1A) For the purposes of paragraph (1)(c), the prior art base is to be taken not to include information made publicly available only through the doing of an act anywhere in the patent area.