Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p13
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 13/24)
Character Range: 132639–135403

of a petty patent on the application"; and
    (d) by inserting after sub-section (5) the following sub-section:
    "(5a) A patentee of a petty patent may, at any time before the expiration of the period of 3 months after sealing of the petty patent, make an application for a petty patent or a standard patent, or applications for petty patents or standard patents, in respect of an invention or inventions disclosed in the petty patent specification lodged in respect of the application on which the first-mentioned petty patent was sealed.".
(2) The amendments of section 51 of the Principal Act made by sub-section (1) apply in relation to a further application for a standard patent or for a petty patent made after the commencement of this section whether the application for a standard patent or for a petty patent to which the further application relates was lodged before, or is lodged after, the commencement of this section.
179. Section 113 of the Principal Act is repealed and the following section is substituted:

Infringement action may be instituted in a prescribed court
"113. An action or proceeding for infringement of a patent may be instituted in a prescribed court, but nothing in this section prevents such an action or proceeding being instituted in a court that is not a prescribed court.".

Declaration as to non-infringement
180. Section 120 of the Principal Act is amended by omitting sub-section (2).

Groundless threats of legal proceedings
181. Section 121 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section:
"(4) An action under this section may be instituted in a prescribed court, but nothing in this sub-section prevents such an action or proceeding being instituted in a court that is not a prescribed court.".
182. Section 132 of the Principal Act is repealed and the following section is substituted:

Interpretation
"132. (1) In this Part, 'State' includes the Northern Territory.
"(2) In this Part, a reference to the Commonwealth shall be read as including a reference to an authority of the Commonwealth and a reference to a State shall be read as including a reference to an authority of a State.
"(3) This Part applies in relation to the Administration of Norfolk Island as if that Administration were a State.".
183. After section 135 of the Principal Act the following section is inserted:

Regulations with respect to the professional conduct of patent attorneys
"135a. (1) The regulations may make provision for and in relation to the control of the professional conduct of registered patent attorneys and the practice of the profession.
"(2) Without limiting the generality of sub-section (1), the regulations may make provision for and in relation to—
    (a)