Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p23
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 23/73)
Character Range: 210861–213603

payable, see regulation 22.2.

13.4  Prescribed period: acceptance of request and specification
 (1) Subject to this regulation, the period prescribed for the purposes of paragraph 142(2)(e) of the Act in relation to an application is:
 (a) if examination of the patent request and complete specification is requested before 15 April 2013—21 months from the first examination report date (if applicable);
 (b) if examination is requested on or after 15 April 2013 and paragraph (c) does not apply—12 months from the first examination report date (if applicable);
 (c) if:
 (i) examination is requested on or after 15 April 2013; and
 (ii) notification is given to a person under subregulation 3.5AC(9), 3.5AF(2D) or 22.15A(2) in relation to the application on or after the first examination report date (if applicable); and
 (iii) the person complies with the notification within the period required by the relevant subregulation;
  14 months from the first examination report date (if applicable);
 (d) if the Commissioner has reported that the patent request or complete specification relates to an invention that, so far as claimed, is not novel in view of information of the kind described in subparagraph (b)(ii) of the definition of prior art base in the Act—the period of 3 months from the earlier of:
 (i) the date of publication of the specification containing that information; or
 (ii) its lapsing, refusal or withdrawal;
 (e) if the patent request and complete specification relate to an application in relation to which a request has been made under section 32 of the Act—subject to subregulation (3), the period of 3 months from the date of the determination by the Commissioner under that section;
 (f) if a person has applied under subsection 36(1) of the Act for a declaration in relation to the patent request and complete specification—subject to subregulation (3), the period of 3 months from the day the Commissioner decides to make a declaration, or to refuse to make a declaration;
 (g) subject to subregulation (3), if:
 (i) the Commissioner gives the applicant an opportunity to be heard in relation to a report under section 45 of the Act or regulation 10.2 by:
 (A) notifying the applicant of the date by which written submissions must be filed; or
 (B) notifying the applicant of the date, time and place of an oral hearing; and
 (ii) the Commissioner makes a decision in writing in relation to the report;
  3 months from the date the decision is made;
 (ga) subject to subregulation (3), if the Commissioner revokes an acceptance under subsection 50A(1) of the Act—3 months from the date the decision to revoke is made;
 (h) if an appeal has been made to a prescribed court, or an application for review has been