Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:5:p10
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 5 (pt 10/11)
Character Range: 358866–361509

of the Patents Amendment (Innovation Patents) Act 2000.

23.33  Transitional: examination of innovation patents converted from petty patent applications
 (1) This regulation applies if:
 (a) an innovation patent has been granted; and
 (b) the application for the innovation patent was converted from an application for a petty patent; and
 (c) the Commissioner had begun to consider the petty patent application, or had begun to make any investigations in relation to the petty patent application, under section 50 of the old Act; and
 (d) the innovation patent is to be examined under Part 1 of Chapter 9A of the Act.
 (2) In examining the innovation patent, the Commissioner is not required to consider the results of:
 (a) the consideration of the petty patent application; or
 (b) any investigations made in relation to the petty patent application.
 (3) In this regulation:
old Act means the Patents Act 1990 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000.

23.34  Transitional: certain PCT applications
 (1) This regulation applies to a PCT application that:
 (a) is made on or after the commencement day; and
 (b) would, if the old Act applied to the application, be an application to which paragraph 88(2)(a) of the old Act applied.
 (2) The application is to be treated as an application for a standard patent.
 (3) In this regulation:
commencement day means the day the Patents Amendment (Innovation Patents) Act 2000 commences.
old Act means the Patents Act 1990 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000.

23.35  Transitional: payment of fees for petty patents
 (1) This regulation makes provision in respect of the payment of fees payable for petty patents to which the old Act applies under Part 1 of Schedule 2 to the Patents Amendment (Innovation Patents) Act 2000.
 (2) Subregulations (3) and (4) apply to an application for which the fee mentioned in item 13 of Part 2 of Schedule 7 to the old Regulations is payable.
 (3) If:
 (a) the fee is not paid when the application is made; and
 (b) within 1 month after the application is made, the Commissioner invites the person by whom the fee is payable to pay the fee within 1 month after the date of the invitation; and
 (c) the fee is not paid within the 1 month period;
the application is taken not to have been made.
 (4) If the fee is paid, the application is taken to have been made on the date on which the fee was paid.
 (5) Subregulations (6), (7) and (8) apply to a request for which the fee mentioned in paragraph (b) of item 15 of Part 2 of Schedule