Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p12
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 12/24)
Character Range: 130112–132872

repealed.
PART XXXI—AMENDMENTS OF THE PATENTS ACT 1952

Principal Act
173. The Patents Act 195229 is in this Part referred to as the Principal Act.

Interpretation
174. Section 6 of the Principal Act is amended by inserting after the definition of "patent" the following definition:
    " 'patent application' means an application for a standard patent or an application for a petty patent;".

References to prescribed court
175. Section 6a of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:
    "(a) in relation to the institution of an appeal or other proceeding, as a reference to a prescribed court having jurisdiction with respect to matters arising under this Act in respect of which the appeal or other proceeding is instituted; and".

Crown to be bound
176. Section 7 of the Principal Act is amended by omitting "and of the several States" and substituting ", of each of the States, of the Northern Territory and of Norfolk Island".

Priority date of complete specification
177. Section 45 of the Principal Act is amended by inserting after sub-section (3) the following sub-section:
"(3a) The priority date of a claim of a complete specification accompanying an application made under sub-section 49a (1) of the Patents Act 1952, as in force at any time before the commencement of section 17 of the

Patents Amendment Act 1979, being a claim fairly based on matter disclosed in the complete specification from which the invention has been excluded by an amendment made under section 49 or 52d or would have been excluded if an amendment included in a statement of proposed amendments lodged under either of those sections had been made, is the date that would have been the priority date of that claim if that claim were a claim of that last-mentioned specification.".

Voluntary division of patents
178. (1) Section 51 of the Principal Act is amended—
    (a) by inserting in sub-section (1) "or at any time after the application has been accepted and before the expiration of the period of 3 months after acceptance of the application has been advertised in the Official Journal" after "at any time before the application has been accepted";
    (b) by omitting from sub-section (4) "the application has been accepted" and substituting "the expiration of the period of 3 months after acceptance of the application has been advertised in the Official Journal";
    (c) by omitting from sub-section (5) "the application has been accepted" and substituting "the sealing of a petty patent on the application"; and
    (d) by inserting after sub-section (5) the following sub-section:
    "(5a) A patentee of a petty patent may, at any time before the expiration of the period of 3 months after sealing of