Document ID: chunk:federal_register_of_legislation:C2020A00009:clause:6_7:p1
Version: federal_register_of_legislation:C2020A00009
Segment Type: clause
Provision Reference: sch 6 cl 7 (pt 1/3)
Character Range: 36037–38618

7  Application of amendments
(1) The amendment of section 59 of the Patents Act 1990 made by this Schedule applies in relation to an opposition, filed on or after the day this Schedule commences, to the grant of a standard patent based on:
 (a) a complete application made on or after 15 April 2013; or
 (b) a complete application for a standard patent made before 15 April 2013, if the applicant had not asked for an examination of the patent request and specification for the application under section 44 of the Patents Act 1990 before that day.
(2) The amendment of section 98 of the Patents Act 1990 made by this Schedule applies in relation to a re‑examination started on or after the day this Schedule commences, if the re‑examination is of a complete specification:
 (a) that relates to a standard patent for which the complete application was made on or after 15 April 2013; or
 (b) that relates to a standard patent for which the complete application had been made before 15 April 2013, if the applicant had not asked for an examination of the patent request and specification for the application under section 44 of the Patents Act 1990 before that day; or
 (c) that relates to a complete application made on or after 15 April 2013; or
 (d) that relates to a complete application for a standard patent made before 15 April 2013, if the applicant had not asked for an examination of the patent request and specification for the application under section 44 of the Patents Act 1990 before that day.
(3) The amendment of section 101G of the Patents Act 1990 made by this Schedule applies in relation to:
 (a) innovation patents granted on or after 15 April 2013; or
 (b) innovation patents granted before 15 April 2013, if:
 (i) the Commissioner had not decided to examine the complete specification relating to the patent under section 101A of the Patents Act 1990 before that day; or
 (ii) the patentee or any other person had not asked the Commissioner to examine the complete specification relating to the patent under section 101A of the Patents Act 1990 before that day.
(4) The amendment of section 101M of the Patents Act 1990 made by this Schedule applies in relation to an opposition, filed on or after the day this Schedule commences, to:
 (a) an innovation patent granted on or after 15 April 2013; or
 (b) an innovation patent granted before 15 April 2013, if:
 (i) the Commissioner had not decided to examine the complete specification relating to the patent under section 101A of the Patents Act 1990 before that day; or
 (ii) the patentee or any other person