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Commonwealth legislation
What this legislation does:
The Patents Regulations 1991 are the detailed rules that make Australia's patent system work in practice. They sit underneath the Patents Act 1990 and cover everything from how to apply for a patent, to how patents are examined, opposed, granted, and maintained.
Key areas covered:
Applications: How to file patent applications (standard patents and innovation patents), including international applications under the Patent Cooperation Treaty (PCT). Sets out what documents you need, filing dates, and formal requirements.
Examination: The process where the Commissioner checks if your invention meets patent standards—novelty, inventive step, and proper disclosure. Includes rules for requesting examination and responding to objections.
Opposition: How third parties can challenge a patent application before it's granted, including time limits, evidence rules, and hearings.
Micro-organisms: Special rules for inventions involving micro-organisms, including deposit requirements with approved institutions and how samples can be released.
Amendments: When and how patent applications can be changed after filing, with strict limits on what changes are allowed.
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Direct links to the current provisions in Patents Regulations 1991.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Patent attorneys: Registration requirements, qualifications, continuing education, and disciplinary procedures for patent attorneys—including a Trans-Tasman arrangement with New Zealand.
Fees and time limits: Detailed schedules of fees and prescribed periods for various actions, with consequences for non-payment.
Who it affects:
Why it matters:
These regulations determine whether your patent application succeeds or fails, how long your protection lasts, and what professional standards apply to the attorneys advising you. The rules are highly technical and prescriptive—missing a deadline or failing to deposit a micro-organism sample can cost you your patent rights.