Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:5:p6
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 5 (pt 6/11)
Character Range: 348352–351123

or these regulations.

22.20  International applications and the Patent Office
  If, for the purposes of the PCT, the Patent Office is:
 (a) a receiving Office; or
 (b) an International Searching Authority; or
 (c) an International Preliminary Examining Authority;
the Commissioner and the Patent Office may perform the functions under the PCT of a receiving Office, an International Searching Authority or an International Preliminary Examining Authority, as the case requires, in relation to an international application.

22.21  Protection or compensation of certain persons
 (1) The following provisions of this regulation are prescribed for subsections 41(4), 150(4) and 223(9) of the Act.
 (2) Persons who availed themselves of or exploited, or took definite steps by contract or otherwise to avail themselves of or exploit, inventions:
 (a) in the case of inventions to which subsection 41(4) of the Act applies—in the period mentioned in paragraph 41(4)(c) of the Act; and
 (b) in the case of inventions to which subsection 150(4) of the Act applies—after the lapse of the applications and before the day on which their restoration was notified in the Official Journal; and
 (c) in the case of inventions to which subsection 223(9) of the Act applies—within the period of time extended under that subsection;
may apply, in the approved form, to the Commissioner for the grant of licences to exploit the inventions.
 (3) The Commissioner must give a copy of the application to:
 (a) a person whose application was restored under section 150 of the Act; or
 (b) a patent applicant or patentee of the application or patent for which an extension of time was granted under section 223 of the Act; or
 (c) the patent applicant or patentee of the application or patent to which subsection 41(4) of the Act applies;
and to any other person the Commissioner believes to have an interest in the application.
 (4) A person mentioned in subregulation (3) may oppose the grant of the licence to which the application relates.
 (5) The Commissioner, if reasonably satisfied that the application should be granted, must grant a licence to the applicant on such terms as the Commissioner thinks reasonable.

22.22  Exercise of discretionary powers by Commissioner
 (1) The Commissioner must give a person an opportunity to be heard before exercising a discretionary power under the Act or these Regulations adversely to the person.
Note: See section 216 of the Act for a similar provision.
 (2) The Commissioner must give the person an opportunity to be heard by:
 (a) asking the person for written submissions; or
 (b) notifying the person that, on request to the Commissioner, the person may be heard by way of an oral hearing on a date, and at a time and place, determined by