Patents Act 1990

If a complete application for an innovation patent is made, the Commissioner must undertake a formalities check in respect of the application.

If satisfied, on the balance of probabilities, that the application passes the formalities check, the Commissioner must accept the patent request and complete specification.

It is a requirement of the formalities check that the date of the patent (if granted) would be a date before the day this subsection commences.

This subsection was inserted by the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020.

For the date of the patent, see section 65 and regulations made for the purposes of paragraph 65(b).

Other requirements of the formalities check are specified in regulations made for the purposes of paragraph 228(2)(ha).