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PATENTS ACT 1990 - SECT 101B

Examination of an innovation patent

What the Commissioner must do in examining a patent

  (1)   If the Commissioner decides, or is asked, to examine an innovation patent under section   101A, the Commissioner must:

  (a)   examine the complete specification relating to the patent to ascertain the matters set out in subsection   (2); and

  (b)   report on those matters.

Matters for examination and report

  (2)   The matters in this subsection are whether:

  (a)   the specification complies with subsections   40(2) to (4); and

  (b)   the invention, so far as claimed, complies with paragraphs 18(1A)(a), (b) and (c); and

  (c)   the invention is a patentable invention under subsections   18(2) and (3); and

  (d)   the use of the invention would not be contrary to law; and

  (e)   the patent does not claim as an invention a substance that is capable of being used as food or medicine (whether for human beings or animals and whether for internal or external use) and is a mere mixture of known ingredients; and

  (f)   the patent does not claim as an invention a process producing such a substance by mere admixture; and

  (g)   the patent does not contain a claim that includes the name of a person as the name, or part of the name, of the invention so far as it is claimed in that claim; and

  (h)   the patent does not claim an invention that is the same as an invention that is the subject of a patent and is made by the same inventor, where the relevant claim or claims in respect of each patent have the same priority date or dates; and

  (ha)   each claim in the complete specification has a priority date that is before the day this paragraph commences; and

  (i)   the complete specification complies with such other matters (if any) as are prescribed for the purpose of this paragraph.

Note:   Paragraph   101B(2)(ha) was inserted by the Intellectual Property Laws Amendment (Productivity Commission Response Part   2 and Other Measures) Act 2020 .


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