Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p21
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 21/73)
Character Range: 206160–208777

innovation patent—the date on which the patent was certified.
 (2) If 1 of those grounds is that the invention is not a patentable invention because of information about the invention in a document or through the doing of an act, the particulars must specify:
 (a) in the case of a document—the time when, and the place where, the document is alleged to have become publicly available; and
 (b) in the case of an act:
 (i) the name of the person alleged to have done the act; and
 (ii) the period in which, and the place where, the act is alleged to have been done publicly; and
 (iii) a description that is sufficient to identify the act; and
 (iv) if the act relates to apparatus or machinery—whether the apparatus or machinery exists and, if so, where it can be inspected.
 (3) Except by leave of the court:
 (a) evidence is not admissible to prove a ground of invalidity that has not been disclosed in the particulars in relation to that ground; and
 (b) evidence as to apparatus or machinery that exists at the date of lodgment of the particulars is not admissible unless it is proved that the party relying on the evidence:
 (i) if the apparatus or machinery is in his or her possession—has offered the opportunity to inspect it; or
 (ii) in any other case—has used reasonable endeavours to obtain its inspection;
  to, or by, each other party to the hearing of the application.
 (4) The court may:
 (a) extend the time for giving particulars; and
 (b) allow the amendment of particulars.

Chapter 13—Withdrawal and lapsing of applications and ceasing of patents

13.1  Publication of notice of withdrawal of application
  The Commissioner must publish notice in the Official Journal of the withdrawal of a patent application under section 141 of the Act.

13.1A  Period in which standard patent applications may not be withdrawn
 (1) For paragraph 141(1)(c) of the Act, the prescribed period for an application for a standard patent is:
 (a) 3 weeks before the date on which a notice is due to be published in the Official Journal under section 54 of the Act in respect of the specification; or
 (b) 3 weeks before the date on which a notice of acceptance is due to be published in the Official Journal under paragraph 49(5)(b) of the Act.
 (2) Subregulation (1) does not apply if an order made under subsection 152(3) or 173(1) of the Act is in force.

13.1B  Period in which innovation patent applications may not be withdrawn
 (1) For paragraph 141(1)(c) of the Act, the prescribed period for an application for an innovation patent is the period:
 (a) beginning when the Commissioner accepts the patent