Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p58
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 149030–151550

notice of the acceptance of the request and complete specification to:
 (a) 6 months after that publication; or
 (b) such later day as:
 (i) in the case of proceedings before a court or the ART—the court or ART directs; or
 (ii) in any other case—the Commissioner reasonably directs;
  being satisfied that the grant of the patent should be postponed.
 (2) A person may request the Commissioner in the approved form to give a direction referred to in subparagraph (1)(b)(ii).

6.2A  Prescribed particulars—grant of innovation patent
  For subsection 62(1) of the Act, the following particulars are prescribed:
 (a) the date the innovation patent is granted by the Commissioner;
 (b) any other particulars of the grant that the Commissioner considers appropriate.

6.3  Date of patent
 (1) For paragraph 65(b) of the Act, the date of a patent is as set out in this regulation.
 (2) For a patent granted under subsection 33(1) or (2) of the Act, the date of the patent is the date that would have been the date of the patent if the patent had been granted on the application for a standard patent the grant of which was opposed under section 59 of the Act.
 (3) For a patent granted under subsection 33(3) or (4) of the Act, the date of the patent is the date of the innovation patent that was opposed under section 101M of the Act.
 (4) For a patent granted under subsection 34(2) of the Act, the date of the patent is the date of the patent referred to in subsection 34(1) of the Act.
 (5) For a patent granted under section 35 of the Act, the date of the patent is the date of the revoked patent.
 (6) For a patent granted as a result of a declaration under section 36 of the Act, the date of the patent is:
 (a) if the declaration is made in respect of a complete application—the date that would have been the date of the patent if the patent had been granted on that application; or
 (b) if the declaration is made in respect of a provisional application—the earlier of:
 (i) the date 12 months from the date of filing of the provisional specification in respect of that application; and
 (ii) the date of filing of the complete application referred to in subsection 36(4) of the Act.
 (7) For a patent granted on a divisional application made under subsection 79B(1) of the Act, the date of the patent is:
 (a) if the date of the patent was recorded in the Register before 1 January 2000—the date recorded in the Register; or
 (b) if the Commissioner determined a date of the patent and told the applicant in writing