Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p3
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 3/73)
Character Range: 161338–164001

complete application must be:
 (a) made in accordance with section 29 of the Act; and
 (b) filed no later than one month from the day the notice of the occurrence of the examination of the first patent is published under paragraph 101E(2)(b) of the Act.
Note: For the definition of first patent, see section 79C of the Act.
 (2) For paragraph 79C(1A)(b) of the Act, the particulars are:
 (a) a statement that the application is a further complete application for section 79C of the Act; and
 (b) the number of the first patent.

Chapter 7—Patents of addition

7.1  Form of application for grant of patent of addition etc
 (1) For paragraph 81(1)(c) of the Act, an application for a further patent must be made under section 29 of the Act.
 (2) The Commissioner must not grant a patent of addition under subsection 81(1) of the Act unless the date that would be the date of the patent if that patent of addition were granted is the same as, or later than, the date of the patent for the main invention.

7.2  Form of application for revocation of patent and grant of patent of addition instead
  An application under section 82 of the Act must be in the approved form.

Chapter 9—Re‑examination

9.1  Notice of Commissioner's decision to re‑examine complete specification
  If the Commissioner decides, under subsection 97(1) of the Act, to re‑examine a complete specification relating to an application for a patent, the Commissioner must notify:
 (a) the applicant; and
 (b) if the application is opposed under section 59 of the Act—each opponent.

9.2  Request for re‑examination of complete specification
 (1) For subsections 97(2) and 101G(1) of the Act, a request for re‑examination of a complete specification must be in the approved form.
 (1A) A request must state:
 (a) the grounds of the request; and
 (b) the reasons why the grounds are relevant to the complete specification.
 (2) Subregulations (2A) and (3) apply if the request includes an assertion that the invention, so far as claimed in any claim and when compared with the prior art base that existed before the priority date of that claim:
 (a) is not novel; or
 (b) for a standard patent—does not involve an inventive step; or
 (c) for an innovation patent—does not involve an innovative step.
 (2A) For subregulation (2), the request must:
 (a) identify the documents on which the assertion is based; and
 (b) state the relevance of each document.
 (3) The request must have with it:
 (a) if the document is not available in the Patent Office—a copy of the document; and
 (b) if the document is not in English—a translation of the document into English; and
 (c) evidence of the date