Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:5:p2
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 5 (pt 2/10)
Character Range: 389648–392561

not asked the Commissioner to examine the complete specification relating to the patent under section 101A of the Patents Act 1990 before that time.
 (3) Regulation 3.25 as repealed and substituted by Schedule 5 of the amending instrument applies in relation to requests made after the commencement of that Schedule, regardless of when the micro‑organism was deposited with a prescribed depository institution.
 (4) Regulation 3.25A as inserted by Schedule 5 of the amending instrument applies in relation to applications for standard patents made:
 (a) after the commencement of that Schedule; and
 (b) before the commencement of that Schedule, if the complete specification relating to the application is not open to public inspection at that commencement.

Part 3—Transitional provisions for Schedule 4 to the Intellectual Property Laws Amendment Act 2015 and Schedule 1 to the Intellectual Property Legislation Amendment (Single Economic Market and Other Measures) Regulation 2016

23.38  Definitions
  In this Part:
commencement day means the day on which Schedule 4 to the Intellectual Property Laws Amendment Act 2015 commences.
old regulations means these Regulations as in force immediately before the commencement day.

23.39  Removal of name from Register if New Zealand court determines person should not practise as a patent attorney in New Zealand
 (1) This regulation is made for section 199 of the Act and applies if:
 (a) an individual is a registered patent attorney; and
 (b) immediately before the commencement day the individual was registered as a patent attorney in New Zealand (whether or not the individual was also a registered patent attorney in Australia); and
 (c) on or after that commencement day, the New Zealand Commissioner of Patents advises the Designated Manager that:
 (i) a New Zealand court has determined that the individual should not practise as a patent attorney in New Zealand; and
 (ii) all rights of appeal in relation to the court's determination have been exhausted or have expired; and
 (iii) the conduct giving rise to the court's determination occurred before the commencement day.
 (2) The Designated Manager must remove the name of the individual from the Register of Patent Attorneys as soon as practicable after receiving the advice.

23.40  Restoring attorney's name after advice from New Zealand Commissioner of Patents
  For paragraph 198(4)(g) of the Act, if an individual's name is removed from the Register of Patent Attorneys under regulation 23.39, the Designated Manager must not enter the individual's name in the Register unless the Designated Manager has received written advice from the New Zealand Commissioner of Patents that a New Zealand court has determined that the individual's name may be entered in the Register.

23.41  Transitional—registration as a patent attorney
 (1) This regulation applies in relation to a person if he or she