Patents Bill

  • enacted
60 Examination
  • (1) The Commissioner must examine a patent application and the complete specification relating to the application and report on—

    • (a) whether the specification complies with subpart 2 (which relates to specification requirements); and

    • (b) whether, to the best of the Commissioner’s knowledge, the invention, so far as claimed, is a patentable invention under section 13; and

    • (c) all other matters (if any) that are prescribed.

    (1) The Commissioner must, after being asked to do so under section 59B, examine a patent application and the complete specification relating to the application, and report on—

    • (a) whether the Commissioner is satisfied, on the balance of probabilities, that—

      • (i) the application and the specification comply with the requirements of this Act and of the regulations; and

      • (ii) the applicant has complied with all requirements imposed on the applicant by or under this Act that are prescribed for the purposes of this subparagraph; and

      • (iii) the invention, so far as claimed, is a patentable invention under section 13; and

      • (iv) there is no other lawful ground of objection to the grant of a patent in respect of the application; and

    • (b) all other matters (if any) that are prescribed.

    (2) The examination must be carried out in the prescribed manner.

    (3) The Commissioner must give a copy of the report to the applicant after it is issued.

    Compare: Patents Act 1990 s 45 (Aust)