Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:1_101e
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 1 cl 101E
Character Range: 13573–15595

101E  Certificate of examination
 (1) This section applies to an innovation patent if:
 (a) after examining the patent under section 101B, the Commissioner decides in writing that he or she is satisfied, on the balance of probabilities, as to the following:
 (i) the specification complies with subsections 40(2) to (4);
 (ii) the invention, so far as claimed, complies with paragraphs 18(1A)(a), (b) and (c);
 (iii) the invention is a patentable invention under subsections 18(2) and (3);
 (iv) the use of the invention would not be contrary to law;
 (v) the patent does not claim as an invention a substance that is capable of being used as food or medicine (whether for human beings or animals and whether for internal or external use) and is a mere mixture of known ingredients;
 (vi) the patent does not claim as an invention a process producing such a substance by mere admixture;
 (vii) the patent does not contain a claim that includes the name of a person as the name, or part of the name, of the invention so far as it is claimed in that claim;
  (viii) the patent does not claim an invention that is the same as an invention that is the subject of a patent and is made by the same inventor, where the relevant claim or claims in respect of each patent have the same priority date or dates;
 (ix) the complete specification complies with such other matters (if any) as are prescribed for the purpose of paragraph 101B(2)(i);
 (b) the patent has not ceased under section 143A.
 (2) If this section applies, the Commissioner must:
 (a) notify the patentee and the person who requested the examination (if that person is not the patentee) that the patent has been examined and that a certificate of examination is to be issued; and
 (b) publish a notice of the examination having occurred in the Official Journal; and
 (c) issue a certificate of examination to the patentee in the approved form; and
 (d) register the issue of the certificate.
 (3) A decision under subsection (1) is not a legislative instrument.