Australian patent law is governed by the Commonwealth Patents Act (1990) and the attendant Patents Regulations (1991). 35 Applications by eligible persons following revocation by Commissioner, (a) revokes a patent under section 137; and. (4) For the purposes of subsection (3), it is immaterial whether the disclosure takes place in New Zealand. (b) before the patent request was accepted: if the defendant proves that a patent could not validly have been granted to the applicant in respect of the claims (as framed when the act was done) that are alleged to have been infringed by the doing of the act. (4) The day specified under subsection (2) or (3) cannot be a day that is after the end of the period prescribed for the purposes of paragraph 142(2)(e). (5) The patentee is to be paid in respect of a licence granted to the applicant under an order: (a) such amount as is agreed between the patentee and the applicant; or. (1) A provisional specification must disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the relevant art. 2) 2010, Sch 6 (items 1, 82): 1 Jan 2011 (s 2(1) items 3, 5), Sch 7 (items 108, 109): 19 Apr 2011 (s 2(1) item 18), Sch 2 (items 905–907) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12), Intellectual Property Laws Amendment (Raising the Bar) Act 2012, Sch 1, Sch 3 (items 1–16, 32(1)–(6), 33), Sch 4 (items 1–36) and Sch 6 (items 23–86, 88–103, 133, 134): 15 Apr 2013 (s 2(1) items 2, 4, 5, 7) Sch 2 and Sch 6 (item 87): 16 Apr 2012 (s 2(1) items 3, 6), Sch 1 (items 55, 56), Sch 2 (item 2), Sch 3 (items 32(1)–(6), 33) and Sch 6 (items 133, 134), Sch 4 (items 17, 18): 29 June 2013 (s 2(1) item 16), Sch 1 (items 53, 54): 24 June 2014 (s 2(1) item 2), Intellectual Property Laws Amendment Act 2015, Sch 1 and Sch 5 (items 9–17, 19–21): 25 Aug 2015 (s 2(1) items 2, 8, 10) Sch 2: 23 Jan 2017 (s 2(1) item 3) Sch 4 (items 5–58, 81–83): 24 Feb 2017 (s 2(1) item 5) Sch 5 (items 5, 7): 26 Feb 2015 (s 2(1) item 6) Sch 5 (item 8, 18): 15 Apr 2013 (s 2(1) items 7, 9) Sch 5 (item 22): 25 Feb 2015 (s 2(1) item 11), Sch 1 (item 36), Sch 4 (items 81–83) and Sch 5 (items 7, 22), Norfolk Island Legislation Amendment Act 2015, Sch 2 (item 298): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6), Territories Legislation Amendment Act 2016, Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (items 472–474): 5 Mar 2016 (s 2(1) item 2) Sch 1 (item 673): 24 Feb 2017 (s 2(1) item 3), Sch 4 (items 1, 228): 10 Mar 2016 (s 2(1) item 6), Sch 1 (item 361): 21 Oct 2016 (s 2(1) item 1). (5) For the purposes of subsection (4), the information is of the following kinds: (a) prior art information made publicly available in a single document or through doing a single act; (b) prior art information made publicly available in 2 or more related documents, or through doing 2 or more related acts, if the relationship between the documents or acts is such that a person skilled in the relevant art would treat them as a single source of that information. associated technology has the same meaning as in the Safeguards Act. 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. (c) the application for that further patent is made in accordance with the regulations; the Commissioner may, subject to this Act and the regulations, grant a patent of addition for the improvement or modification. (3) An application must include a copy of a statement made by or on behalf of, and with the authorisation of, the eligible importing country to the effect that it will take reasonable measures within its means, proportionate to its administrative capacities and to the risk of trade diversion, to prevent re‑exportation from its territory of a pharmaceutical product imported into its territory in accordance with a PPI compulsory licence. (b) obtained by the Designated Manager as a result of the performance of functions and duties, or the exercise of powers, in relation to incorporated patent attorneys. Limit for product, method or process derived from patentee. The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. (1) This section applies only to a patent for a process for obtaining a product. (3) Notice must be given in accordance with the regulations. (3) Subject to section 56A, a specification, or other document, is to be taken to have been published on the day on which it becomes open to public inspection unless it has been published otherwise before that day. 36 Other applications by eligible persons, (a) a patent application has been made and, in the case of a complete application, the patent has not been granted; and, (b) an application for a declaration by the Commissioner is made by one or more persons (the section 36 applicants) in accordance with the regulations; and. (c) the conduct of the party that infringed the patent that occurred: (i) after the act constituting the infringement; or, (ii) after that party was informed that it had allegedly infringed the patent; and, (d) any benefit shown to have accrued to that party because of the infringement; and. Director means the Director of Safeguards. After the grant of an innovation patent, the Commissioner: (a) may, if the Commissioner decides to do so; and. 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