Document ID: chunk:federal_register_of_legislation:C2024C00455:schedule:1:p3
Version: federal_register_of_legislation:C2024C00455
Segment Type: schedule
Provision Reference: sch 1 (pt 3/19)
Character Range: 291528–294375

a person but performs services, in the Patent Office, for or on behalf of the Commonwealth.
examination means:
 (a) in relation to a patent request and a complete specification relating to a standard patent—an examination of the request and specification under section 45; or
 (b) in relation to an innovation patent—an examination of the complete specification relating to the patent under section 101B.
exclusive licensee means a licensee under a licence granted by the patentee and conferring on the licensee, or on the licensee and persons authorised by the licensee, the right to exploit the patented invention throughout the patent area to the exclusion of the patentee and all other persons.
exploit, in relation to an invention, includes:
 (a) where the invention is a product—make, hire, sell or otherwise dispose of the product, offer to make, sell, hire or otherwise dispose of it, use or import it, or keep it for the purpose of doing any of those things; or
 (b) where the invention is a method or process—use the method or process or do any act mentioned in paragraph (a) in respect of a product resulting from such use.
exploited for Crown purposes has the meaning given by subsection 160A(1).
Federal Court means the Federal Court of Australia.
file means file with the Patent Office.
Note: See also section 214.
foreign aircraft means an aircraft registered in a prescribed foreign country.
foreign land vehicle means a land vehicle owned by a person ordinarily resident in a prescribed foreign country.
foreign vessel means a vessel registered in a prescribed foreign country.
formalities check means, in respect of an application for an innovation patent, the checking process undertaken under section 52 using the process set out in the regulations.
incorporated legal practice means a body corporate recognised under a law of the Commonwealth, a State or a Territory as an incorporated legal practice (however described).
incorporated patent attorney has the meaning given by subsection 198(10).
infringement proceedings means proceedings for infringement of a patent.
innovation patent means letters patent for an invention granted under section 62.
intellectual property advice has the meaning given by subsection 200(2C).
interested party, in relation to a patent application, means the applicant or a joint applicant, or a person who claims to be entitled to the grant of a patent on the application, either alone or jointly with another person.
international application has the same meaning as in the PCT.
international depositary authority has the same meaning as in the Budapest Treaty.
international filing date, in relation to an international application, means the date given to the international application as its international filing date under the PCT.
invention means any manner of new manufacture the subject