Patents Act 1990

Subject to subsection (1A), if an applicant asks for an examination of a patent request and complete specification relating to an application for a standard patent, the Commissioner must examine the request and specification and report on:

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

whether, to the best of his or her knowledge, the invention, so far as claimed, satisfies the criteria mentioned in paragraphs 18(1)(a), (b) and (c); and

whether the invention is a patentable invention under subsection 18(2); and

such other matters (if any) as are prescribed.

If a PCT application has been made and the prescribed requirements have not been met, the Commissioner may decline to examine the request and specification under subsection (1) until the requirements have been met.

The examination must be carried out in accordance with the regulations.