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INTELLECTUAL PROPERTY LEGISLATION AMENDMENT REGULATIONS 2007 (NO. 1) (SLI NO 40 OF 2007) - REG 8

Transitional provisions for Schedule 4 -- amendments of Patents Regulations 1991 commencing on 1 April 2007

         (1)   Subject to subregulation (2), the amendments made by Schedule 4 apply to an international application whose filing date is on or after 1 April 2007.

         (2)   An amendment made by an item of Schedule 4 mentioned in an item in table 1, to a provision of the Rules mentioned in that table, does not apply to an international application in respect of which 1 or more elements referred to in Article 11 (1) (iii) were first received by the receiving Office before 1 April 2007.

Table 1

Item

Item of Schedule 4

Provision of the Rules

1

29

Rule 4.1 (c) (iv)

2

31

Rule 4.18
Rule 4.19

3

35

Rule 12.1 bis

4

38

Rule 12.3

5

39

Rule 20.1
Rule 20.2
Rule 20.3
Rule 20.4
Rule 20.5
Rule 20.6
Rule 20.7
Rule 20.8

6

40

Rule 21.2

7

41

Rule 22.1

8

42

Rule 26.1
Rule 26.2

9

43 and 44

Rule 26.3 ter

10

45

Rule 26.4
Rule 26.5

11

55

Rule 48.2 (b) (v)

12

58

Rule 51.1
Rule 51.2

13

59

Rule 51 bis.1 (e)

14

61

Rule 55.2

15

69 and 70

Rule 76.5

16

71

Rule 82 ter.1

         (3)   The amendments made by Schedule 4 do not apply to an international application whose filing date is before 1 April 2007, except as mentioned in subregulation (4).

         (4)   For subregulation (3), an amendment made by an item of Schedule 4 mentioned in an item in table 2, to a provision of the Rules mentioned in that table, applies to an international application whose filing date is before 1 April 2007, in the circumstance or subject to the condition mentioned in the item in table 2.

Table 2

Item

Item of Schedule 4

Provision of the Rules

Circumstance or condition

1

48 and 49

Rule 34.1

Applies in relation to any international search carried out on or after 1 April 2007

2

52

Rule 43.4

Applies in relation to an international application in respect of which an international search report is established on or after 1 April 2007

3

53
54
65
66
67

Rule 43.6 bis
Rule 43
bis.1 (b)
Rule 66.1 (d)
Rule 66.4
bis
Rule 70.2 (e)

Apply in relation to international search reports, written opinions and international preliminary examination reports established on or after 1 April 2007, as if references to rectifications of obvious mistakes authorised under Rule 91.1 were references to rectifications of obvious errors authorised under that Rule before 1 April 2007

4

56

Rule 48.3 (c)

Applies in relation to an international application that is published under Article 21 on or after 1 April 2007

5

57

Rule 49 ter.2

Applies in respect of acts mentioned in Article 22 (1) that are performed on or after 1 April 2007

6

60
61
62
62

Rule 54 bis.1 (a)
Rule 55.2 (a
ter)
Rule 55.2 (c)
Rule 55.2 (d)

Apply in relation to an international application in respect of which a demand for international preliminary examination is made on or after 1 April 2007

7

70

Rule 76.5

Applies, to the extent that it has the effect of making Rule 49 ter.2 applicable, in respect of acts mentioned in Article 39 (1) (a) that are performed on or after 1 April 2007

         (5)   In relation to the amendment made by item 39 of Schedule 4, information as to incompatibility given to the International Bureau under Rule 20.4 (d) before 1 April 2007 is taken to remain effective under Rule 20.1 (d) on or after 1 April 2007.

         (6)   In relation to the amendment made by item 60 of Schedule 4, information as to incompatibility given to the International Bureau under Rule 51 bis .1 (f) in relation to Rule 51 bis .1 (e) before 1 April 2007 is taken to remain effective under Rule 51 bis .1 (f) in relation to Rule 51 bis .1 (e) on or after 1 April 2007.



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