Commonwealth Numbered Acts

PATENTS ACT 1990

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   4.      What are typical steps in getting and maintaining a patent?  
   5.      Associated applications  
   6.      Deposit requirements  
   7.      Novelty and inventive step  
   8.      Disclosure in basic applications  
   9.      Secret use  
   10.     Certain international applications to be taken to have been given an international filing date  
   11.     Act binds the Crown  
   12.     Application of Act  
   13.     Exclusive rights given by patent  
   14.     Assignment of patent  
   15.     Who may be granted a patent?  
   16.     Co-ownership of patents  
   17.     Directions to co-owners  
   18.     Patentable inventions  
   19.     Certificate of validity  
   20.     Validity of patent not guaranteed  
   21.     Validity not implied by making or refusal of non-infringement declaration  
   22.     Invalidity in relation to one claim not to affect validity in relation to other claims  
   23.     Validity not affected by publication etc. after priority date  
   24.     Validity not affected by certain publication or use  
   25.     Validity: patents of addition  
   26.     Validity not affected in certain cases involving amendments  
   27.     Notice of matters affecting validity of standard patents  
   28.     Notice of matters affecting validity of petty patents  
   29.     Application for patent  
   30.     Filing date  
   31.     Joint applicants  
   32.     Disputes between applicants etc.  
   33.     Applications by opponents etc.  
   34.     Applications by eligible persons arising out of court proceedings  
   35.     Applications by eligible persons following revocation by Commissioner  
   36.     Other applications by eligible persons  
   37.     Complete application may be treated as provisional  
   38.     Time for making complete application  
   39.     Divisional applications  
   40.     Specifications  
   41.     Specifications: micro-organisms  
   42.     Micro-organisms ceasing to be reasonably available  
   43.     Priority dates  
   44.     Request for examination  
   45.     Examination  
   46.     Request for deferment of examination  
   47.     Request for modified examination  
   48.     Modified examination  
   49.     Acceptance of patent request: standard patent  
   50.     Consideration and acceptance of patent request: petty patent  
   51.     Application or grant may be refused in certain cases  
   52.     Appeal  
   53.     Publication of certain information about applicants etc.  
   54.     Notice of Publication  
   55.     Documents open to public inspection  
   56.     Certain documents not to be published  
   57.     Effect of publication of complete specification  
   58.     Result of search may be disclosed  
   59.     Opposition to grant of standard patent  
   60.     Hearing and decision by Commissioner  
   61.     Grant of standard patent  
   62.     Grant and publication of petty patent  
   63.     Joint patentees  
   64.     Grant: multiple applications  
   65.     Date of patent  
   66.     Sealing of duplicate of patent  
   67.     Term of standard patent  
   68.     Term of petty patent  
   69.     Extension of term of petty patent  
   70.     Application for extension of term of patent relating to a pharmaceutical substance  
   71.     Application for extension to lapse in certain circumstances  
   72.     Issue of marketing approval certificate  
   73.     Advertisement of application for extension  
   74.     Opposition to extension  
   75.     Determination of application for extension  
   76.     Limitation on infringement proceedings  
   77.     Rights of patentee  
   78.     Appeals  
   79.     Delegation  
   80.     Chapter does not apply to petty patents  
   81.     Grant of patent of addition  
   82.     Revocation of patent and grant of patent of addition instead  
   83.     Term of patent of addition  
   84.     Non-extension of term of patent for main invention  
   85.     Revocation of patent for main invention  
   86.     Renewal fees not payable  
   87.     Fees payable where patent of addition becomes an independent patent  
   88.     PCT applications  
   89.     Modified application of Act  
   90.     Publication of PCT applications  
   91.     Application of certain provisions to PCT applications  
   92.     Notice of publication  
   93.     Evidence of matters arising under PCT  
   94.     Convention applicants may make Convention applications  
   95.     Manner of making Convention application  
   96.     Withdrawn, abandoned or refused applications  
   97.     Re-examination of complete specifications  
   98.     Report on re-examination  
   99.     Statement by applicant or patentee  
   100.    Copies of report to be given to court  
   101.    Revocation of patent following re-examination  
   102.    What amendments are not allowable?  
   103.    Consent of mortgagee or exclusive licensee needed  
   104.    Amendments by applicants and patentees  
   105.    Amendments directed by court  
   106.    Amendments directed by Commissioner: patents  
   107.    Amendments directed by Commissioner: patent applications  
   108.    Amendments directed by Commissioner: extensions of term of petty patents  
   109.    Appeal  
   110.    Advertisement of amendment of complete specification  
   111.    Amendments relating to micro-organisms  
   112.    Pending proceedings  
   113.    Persons claiming under assignment or agreement  
   114.    Priority date of certain amended claims  
   115.    Restriction on recovery of damages etc.  
   116.    Interpretation of amended specifications  
   117.    Infringement by supply of products  
   118.    Infringement exemptions: use in or on foreign vessels, aircraft or vehicles  
   119.    Infringement exemptions: prior use  
   120.    Infringement proceedings  
   121.    Counter-claim for revocation of patent  
   122.    Relief for infringement of patent  
   123.    Innocent infringement  
   124.    Interpretation  
   125.    Application for non-infringement declaration  
   126.    Proceedings for non-infringement declarations  
   127.    Effect of non-infringement declarations  
   128.    Application for relief from unjustified threats  
   129.    Court's power to grant relief  
   130.    Counter-claim for infringement  
   131.    Notification of patent not a threat  
   132.    Liability of legal practitioner or patent attorney  
   133.    Compulsory licences  
   134.    Revocation of standard patent after grant of compulsory licence  
   135.    Reasonable requirements of the public  
   136.    Orders to be consistent with international agreements  
   137.    Revocation on surrender of patent  
   138.    Revocation of patents in other circumstances  
   139.    Parties to proceedings  
   140.    Commissioner to be given copies of orders  
   141.    Withdrawal of applications  
   142.    Lapsing of applications  
   143.    Ceasing of patents  
   144.    Void conditions  
   145.    Termination of contract after patent ceases to be in force  
   146.    Effect of Chapter  
   147.    Certificate by Director as to associated technology  
   148.    Lapsing etc. of applications  
   149.    Revocation of direction  
   150.    Restoration of lapsed application  
   151.    Reinstatement of application as an international application  
   152.    Notice of prohibitions or restrictions on publication  
   153.    Effect of order  
   154.    Jurisdiction of Federal Court  
   155.    Jurisdiction of other prescribed courts  
   156.    Exercise of jurisdiction  
   157.    Transfer of proceedings  
   158.    Appeals  
   159.    Commissioner may appear in appeals  
   160.    Powers of Federal Court  
   161.    Nominated persons and patentees  
   162.    Commonwealth and State authorities  
   163.    Exploitation of inventions by Crown  
   164.    Nominated person or patentee to be informed of exploitation  
   165.    Remuneration and terms for exploitation  
   166.    Previous agreements inoperative  
   167.    Sale of products  
   168.    Supply of products by Commonwealth to foreign countries  
   169.    Declarations that inventions have been exploited  
   170.    Sale of forfeited articles  
   171.    Acquisition of inventions or patents by Commonwealth  
   172.    Assignment of invention to Commonwealth  
   173.    Prohibition of publication of information about inventions  
   174.    Effect of prohibition orders  
   175.    Disclosure of information to Commonwealth authority  
   176.    International applications treated as applications under this Act  
   177.    False representations about the Patent Office  
   178.    False representations about patents or patented articles  
   179.    Failure to comply with summons  
   180.    Refusal to give evidence  
   181.    Failure to produce documents or articles  
   182.    Officers not to traffic in inventions  
   183.    Unauthorised disclosure of information by employees etc.  
   184.    Other unauthorised disclosures of information  
   185.    Employees etc. not to prepare documents or search records  
   186.    Register of Patents  
   187.    Registration of particulars of patents etc.  
   188.    Trusts not registrable  
   189.    Power of patentee to deal with patent  
   190.    Inspection of Register  
   191.    False entries in Register  
   192.    Orders for rectification of Register  
   193.    Inspection of documents  
   194.    Information obtainable from Commissioner  
   195.    Evidence - the Register  
   196.    Evidence - unregistered particulars  
   197.    Evidence - certificate and copies of documents  
   198.    Registration of patent attorneys  
   199.    Deregistration  
   200.    Privileges  
   201.    Offences: unregistered persons etc.  
   202.    Documents prepared by legal practitioners  
   203.    Attendance at patent attorney's office  
   204.    Time for starting prosecutions  
   205.    Patent Office and sub-offices  
   206.    Patent Office seal  
   207.    Commissioner of Patents  
   208.    Deputy Commissioner of Patents  
   209.    Delegation of Commissioner's powers and functions  
   210.    Commissioner's powers  
   211.    Recovery of costs awarded by Commissioner  
   212.    Copies of examination reports to be communicated  
   213.    Making and signing applications etc.  
   214.    Filing of documents  
   215.    Death of applicant or nominated person  
   216.    Exercise of discretionary power by Commissioner  
   217.    Assessors  
   218.    Costs where patent invalid in part  
   219.    Security for costs  
   220.    Costs of attendance of patent attorney  
   221.    Service of documents  
   222.    Publication of Official Journal etc.  
   223.    Extensions of time  
   224.    Review of decisions  
   225.    Conduct of directors, servants and agents  
   226.    Reproduction of published specifications does not infringe copyright  
   227.    Fees  
   228.    Regulations  
   229.    Consequential amendments  
   230.    Repeal  
   231.    Application of Part III of 1989 Amending Act  
   232.    Application of this Act: extensions of term  
   233.    Patents granted under 1952 Act  
   234.    Applications under 1952 Act  
   235.    Other applications and proceedings under 1952 Act  
   236.    Micro-organisms  
   237.    Orders, directions etc. under 1952 Act  
   238.    The Commissioner and Deputy Commissioner  
   239.    The Register of Patents and Register of Patent Attorneys  
   240.    Registered patent attorneys  
           SCHEDULE 1
           SCHEDULE 2