Patents Act 1990

Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

the micro‑organism was, on or before the date of filing of the specification, deposited with a prescribed depositary institution in accordance with the rules relating to micro‑organisms; and

the specification includes, at that date, such relevant information on the characteristics of the micro‑organism as is known to the applicant; and

at all times since the end of the prescribed period, the specification has included:

the name of a prescribed depositary institution from which samples of the micro‑organism are obtainable as provided by the rules relating to micro‑organisms; and

the file, accession or registration number of the deposit given by the institution; and

at all times since the date of filing of the specification, samples of the micro‑organism have been obtainable from a prescribed depositary institution as provided by those rules.

For the purposes of this Act, an invention is to be taken to be novel when compared with the prior art base unless it is not novel in the light of any one of the following kinds of information, each of which must be considered separately:

prior art information (other than that mentioned in paragraph (c)) made publicly available in a single document or through doing a single act;

prior art information (other than that mentioned in paragraph (c)) 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;

prior art information contained in a single specification of the kind mentioned in subparagraph (b)(ii) of the definition of prior art base in Schedule 1.

For the purposes of this Act, an invention is to be taken to involve an inventive step when compared with the prior art base unless the invention would have been obvious to a person skilled in the relevant art in the light of the common general knowledge as it existed (whether in or out of the patent area) before the priority date of the relevant claim, whether that knowledge is considered separately or together with the information mentioned in subsection (3).

The information for the purposes of subsection (2) is:

any single piece of prior art information; or

a combination of any 2 or more pieces of prior art information that the skilled person mentioned in subsection (2) could, before the priority date of the relevant claim, be reasonably expected to have combined.

For the purposes of this Act, an invention is to be taken to involve an innovative step when compared with the prior art base unless the invention would, to a person skilled in the relevant art, in the light of the common general knowledge as it existed (whether in or out of the patent area) before the priority date of the relevant claim, only vary from the kinds of information set out in subsection (5) in ways that make no substantial contribution to the working of the invention.

For the purposes of subsection (4), the information is of the following kinds:

prior art information made publicly available in a single document or through doing a single act;

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.

For the purposes of subsection (4), each kind of information set out in subsection (5) must be considered separately.

See also the definitions of prior art base and prior art information in Schedule 1: see also paragraph 18(1)(b) and section 98.]

For the purposes of this Act, an invention is taken not to be useful unless a specific, substantial and credible use for the invention (so far as claimed) is disclosed in the complete specification.

The disclosure in the complete specification must be sufficient for that specific, substantial and credible use to be appreciated by a person skilled in the relevant art.

Subsection (1) does not otherwise affect the meaning of the word useful in this Act.

any use of the invention by or on behalf of, or with the authority of, the patentee or nominated person, or his or her predecessor in title to the invention, for the purpose of reasonable trial or experiment only;

any use of the invention by or on behalf of, or with the authority of, the patentee or nominated person, or his or her predecessor in title to the invention, being use occurring solely in the course of a confidential disclosure of the invention by or on behalf of, or with the authority of, the patentee, nominated person, or predecessor in title;

any other use of the invention by or on behalf of, or with the authority of, the patentee or nominated person, or his or her predecessor in title to the invention, for any purpose other than the purpose of trade or commerce;

any use of the invention by or on behalf of the Commonwealth, a State, or a Territory where the patentee or nominated person, or his or her predecessor in title to the invention, has disclosed the invention, so far as claimed, to the Commonwealth, State or Territory;

any use of the invention by or on behalf of, or with the authority of, the patentee or nominated person, or his or her predecessor in title to the invention, for any purpose, if a complete application is made for the invention within the prescribed period.

Where:

an international application specifies Australia as a designated State under Article 4(1)(ii) of the PCT; and

the receiving Office does not give the application an international filing date; and

the Commissioner is satisfied, on the balance of probabilities, that the application should, under Article 25(2)(a) of the PCT, be treated as if it had been given an international filing date;

This section does not apply to an international application that was not filed in the receiving Office in English unless the following documents have been filed:

a translation of the application into English;

if required by the regulations—a certificate of verification (within the meaning of the regulations) of the translation.

Where this section applies, the international filing date of the application is to be taken to be the date that, in the opinion of the Commissioner, should have been given to the application as its international filing date under the PCT.

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

Nothing in this Act makes the Crown liable to be prosecuted for an offence.

each external Territory; and

the Australian continental shelf; and

the waters above the Australian continental shelf; and

the airspace above Australia, each external Territory and the Australian continental shelf.