Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:2_2
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 57729–60281

2  Saving and application provisions relating to old law

(1) Despite the amendments and repeals made by this Act, the old law continues to apply, with the exceptions set out in the following subitems, to:
 (a) petty patents in force immediately before the commencement day; and
 (b) petty patents the term of which has expired before the commencement day; and
 (c) applications for petty patents made before the commencement day but not decided upon by the Commissioner before that day; and
 (d) petty patents granted on or after the commencement day on applications for a patent made before the commencement day.
The old law continues to apply as if those amendments and repeals had not been made.

Exception—fees payable in respect of petty patents after the commencement day

(2) The amendments made by items 89 and 90 of Schedule 1 are incorporated into the old law in relation to fees payable in respect of petty patents on or after the commencement day.

Exception—under subsection 33(2) of the old law only innovation patents may be granted

(3) Despite subsection 33(2) of the old law providing that the Commissioner may grant a person who applies for a petty patent if the matters listed in paragraphs 33(2)(a), (b) and (c) are satisfied, the Commissioner, on or after the commencement day, may only grant the person an innovation patent.

Exception—under sections 34, 35 and 36 of the old law only innovation patents or standard patents may be granted

(4) Despite section 34, 35 and 36 of the old law providing that the Commissioner may grant a person a patent, the Commissioner, on or after the commencement day, may only grant a person an innovation patent or a standard patent.

Note: Under the old law, patent means a standard patent or a petty patent. This subitem overrides that meaning for grants of patent that the Commissioner makes on or after the commencement day.

Exception—divisional applications made after commencement day

(5) Despite subsection 39(1) of the old law providing that a further complete application may be made for a standard patent or a petty patent, on or after the commencement day a further complete application may only be made, as provided for in that subsection, for a standard patent or an innovation patent.

(6) Despite subsection 39(2) of the old law providing that a patentee of a petty patent may make a further complete application for a petty patent, on or after the commencement day a further complete application may only be made as provided for in that subsection for an innovation patent.