101BExamination of an innovation patent

101B Examination of an innovation patent

What the Commissioner must do in examining a patent (1) If the Commissioner decides, or is asked, to examine an innovation patent under section 101A, the Commissioner must: (a) examine the complete specification relating to the patent to ascertain the matters set out in subsection (2); and (b) report on those matters. Matters for examination and report (2) The matters in this subsection are whether: (a) the specification complies with subsections 40(2) to (4); and (b) the invention, so far as claimed, complies with paragraphs 18(1A)(a), (b) and (c); and (c) the invention is a patentable invention under subsections 18(2) and (3); and (d) the use of the invention would not be contrary to law; and (e) 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 (f) the patent does not claim as an invention a process producing such a substance by mere admixture; and (g) 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 (h) 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 (ha) each claim in the complete specification has a priority date that is before the day this paragraph commences; and (i) the complete specification complies with such other matters (if any) as are prescribed for the purpose of this paragraph.

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