Document ID: chunk:federal_register_of_legislation:C2004A01132:clause:2_5
Version: federal_register_of_legislation:C2004A01132
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 7133–8536

5  Application

(1) The amendment made by item 2 of this Schedule applies in relation to an application if the patent request and complete specification in relation to that application had not been accepted under subsection 49(1) of the Patents Act 1990 before 1 April 2002.

(2) The amendment made by item 3 of this Schedule applies in relation to an innovation patent unless the Commissioner had started examination of the patent under section 101B of the Patents Act 1990 before 1 April 2002.

(3) For the purposes of subitem (1), information given before commencement under old subsection 45(3) is taken to be information given under new subsection 45(3).

(4) For the purposes of subitem (2), information given before commencement under old section 101D is taken to be information given under new section 101D.

(5) In this item:

commencement means the time of commencement of Part 1 of this Schedule.

new section 101D means section 101D of the Patents Act 1990 as in force immediately after commencement.

new subsection 45(3) means subsection 45(3) of the Patents Act 1990 as in force immediately after commencement.

old section 101D means section 101D of the Patents Act 1990 as in force immediately before commencement.

old subsection 45(3) means subsection 45(3) of the Patents Act 1990 as in force immediately before commencement.

Part 2—Definition of employee

Trade Marks Act 1995