Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p16
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 16/73)
Character Range: 193557–196312

he or she is satisfied that there are lawful grounds of objection to the patent request or complete specification; and
 (c) must specify the time within which the applicant must file a relevant statement of proposed amendments.

10.14  Form of request: claim under assignment or agreement
  A request under subsection 113(1) of the Act for a direction of the Commissioner must be in the approved form.

Chapter 11—Infringement

11.1  Infringement exemptions: prescribed foreign countries
  For the purposes of the definitions of foreign aircraft, foreign land vehicle and foreign vessel in the Act, each of the foreign countries mentioned in regulation 1.4 is prescribed.

Chapter 12—Compulsory licences and revocation of patents

Part 1—Compulsory licences (general)

12.1  Applications for orders for compulsory licences
 (1) For the purposes of subsection 133(1) of the Act, the period of 3 years after the date of granting of the patent to which the application relates is prescribed.
 (2) An applicant must lodge with the Registrar of the Federal Court:
 (a) a copy of the application that includes:
 (i) the name and address of the applicant; and
 (ii) the address for service in relation to the application; and
 (iii) the identity of the patent; and
 (iv) if the applicant relies on the ground mentioned in paragraph 133(2)(a) of the Act—facts supporting the making of the order, having regard to the matters mentioned in paragraphs 133(3)(a), (b) and (e) of the Act; and
 (iva) if the applicant relies on the ground mentioned in paragraph 133(2)(b) of the Act—facts supporting the assertion that the patentee has contravened, or is contravening, Part IV of the Trade Practices Act 1974 or an application law (as defined in section 150A of that Act) in connection with the patent; and
 (v) for an innovation patent—the date that the patent was certified; and
 (b) a declaration by the applicant to the effect that the facts in the statement are true to the best of the knowledge of the applicant.
 (2A) For subparagraph (2)(a)(ii), the address for service must be an address that is mentioned in Rules made by the Federal Court for the service of the application, as in force from time to time.
Note: In a transitional period after this subregulation commences, there may be different Rules made by the Federal Court to deal with suitable addresses for service in particular circumstances.
 (3) The applicant must:
 (a) serve a copy of the application and declaration on the patentee and any other person who claims an interest in the patent as soon as practicable after lodgment; and
 (b) lodge with the Registrar notice of the date when, and the place where, he or she complied with paragraph (a).
 (4) For subregulation (3), the applicant