Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p16
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 16/24)
Character Range: 140321–142982

of this sub-section, in relation to applications made by virtue of that first-mentioned section before the commencement of this sub-section as if that first-mentioned section had not been repealed.

(2) The following provisions of this section apply to an invention if—
    (a) the invention falls within the scope of a claim of the complete specification of an application for a patent that was accepted before 1 July 1979 but in respect of which a patent was not sealed before that date; and
    (b) the invention was, before 1 July 1979, excluded from the complete specification by an amendment under section 49 or 52d of the Patents Act 1952.
(3) An application for a standard patent may be made, before the expiration of the period of 6 months after the commencement of this sub-section, in respect of an invention to which this sub-section applies by a person who is entitled or by persons who are entitled, in accordance with section 34 of the Patents Act 1952, to make an application for a patent for the invention.
(4) An application under sub-section (3) may be made whether or not a patent has been sealed in respect of the application referred to in paragraph (2) (a).
(5) An application for a standard patent made by virtue of sub-section (3) shall be accompanied by a complete specification.
(6) The fee payable in respect of the making of an application under sub-section (3) is $40 together with—
    (a) if the number of sheets comprising the specification, including any drawings contained in the specification, exceeds 10—$2 for each sheet in excess of 10; and
    (b) if the number of claims exceeds 10—$4 for each claim in excess of 10.
(7) The Commissioner may, in his discretion, remit the whole or part of any fee that would, but for this sub-section, be payable in respect of the making of an application under sub-section (3).
(8) Notwithstanding anything contained in section 45 or 45a of the Patents Act 1952, the priority date of a claim of a complete specification accompanying an application made by virtue of sub-section (3), being a claim fairly based on matter disclosed in the complete specification from which the invention was excluded by an amendment made under section 49 or 52d of the Patents Act 1952, is the date that would have been the priority date of that claim if that claim were a claim of that last-mentioned specification.
(9) Where an application is made by virtue of sub-section (3), the Commissioner shall forthwith publish in the Official Journal a notification that the complete specification lodged in respect of that application is open to public inspection.
(10) Subject to the provisions of the Patents