Patents Act 1990

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

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

report on those matters.

The matters in this subsection are whether:

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

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

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

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

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

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

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

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

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

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

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