Document ID: chunk:federal_register_of_legislation:C2024C00455:schedule:1:p1
Version: federal_register_of_legislation:C2024C00455
Segment Type: schedule
Provision Reference: sch 1 (pt 1/19)
Character Range: 286418–289225

Schedule 1—Dictionary
Section 3

  In this Act, unless the contrary intention appears:
1952 Act means the Patents Act 1952.
application, in Chapter 15, means a patent application, and includes a relevant international application.
approved form means a form approved by the Commissioner for the purposes of the provision in which the expression appears.
associated technology has the same meaning as in the Safeguards Act.
Australia includes each external Territory.
Australian continental shelf means the continental shelf adjacent to the coast of Australia (including the coast of any island forming part of a State or Territory).
Australian Register of Therapeutic Goods means the register maintained under section 9A of the Therapeutic Goods Act 1989.
authority, in Chapter 15, has the same meaning as in the Safeguards Act.
basic application means an application for protection in respect of an invention, being an application made in a Convention country.
Board means the Trans‑Tasman IP Attorneys Board continued in existence by section 227A.
Budapest Treaty means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure signed at Budapest on 28 April 1977, as that treaty is in force for Australia from time to time, together with the Regulations annexed to that treaty, as those Regulations are in force for Australia from time to time.
Note: The text of the Treaty is set out in Australian Treaty Series 1987 No. 9 ([1987] ATS 9). In 2011, the text of a Treaty in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
certified, in respect of an innovation patent other than in section 19, means a certificate of examination issued by the Commissioner under paragraph 101E(2)(c) in respect of the patent.
claim means:
 (a) when used as a noun in relation to a patent—a claim (including a dependent claim) of the specification relating to the complete application on which the patent was granted; and
 (b) when used as a noun otherwise than in relation to a patent—a claim (including a dependent claim) of a complete specification; and
 (c) when used as a verb—to claim in a claim (including a dependent claim) of a complete specification.
commencing day means the day on which this Act commences.
Commissioner means the Commissioner of Patents.
company means:
 (a) a company registered under the Corporations Act 2001; or
 (b) a company registered under the Companies Act 1993 of New Zealand.
compensable person means:
 (a) in relation to a patent acquired by the Commonwealth—the patentee and any person recorded in the Register as having an interest in the patent; and
 (b) in relation to an invention that is the subject of a patent application and is