Patent Law

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Patent Law

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Patent Law

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Question:
Discuss about the Patent Law.

Answer:
Introduction:

Patent Act 1990
According to section 3 of patents act 1990, patent means a standard patent or innovation patent. Duration of the patent is determined as per the type of the patent[1]:

Standard patent- provided for 20 years.
Innovation patent- provided only for eight years.
Pharmaceutical patents- provided for 25 years.

Standard patent: According to section 3 of patent act 1990 standard patent means patent grand under section 61 of patent act 1990[2].
Section 61 of Patent Act 1990- (Grant of Standard Patent):
(1) As per section 100A and paragraph 210A (2) (a), commissioner grant the patent by mention the particulars of patent in register if:
(a) No opposition is received to such grant
(b) Opposition is received but commissioner decided to give grant.
(2) Patent is granted for the period mention.
(3) Commissioner informs the patentee that the patent is granted.
Innovation patent: according to section 3 of patent act 1990 innovation patent means patent grand under section 62 of patent act 1990[3].
Section 62 of patent act 1990- (grant of innovation patent):
(1) Commissioner grants the patent by mention the particulars of patent in register if:
If commissioner accepts the request and complete specification is filed to the commissioner in respect of patent,
No prohibition order is in force.
Associated applications[4]: According to section 29 general rules for application are:

An Application must be Complete or Provisional.
A request related to provisional application must be follow by provisional specification and complete application must be follow by complete specification.
Section 7 of patent act 1990[5]: Novelty, Inventive Step and Innovative Step:
Novelty:
An invention is called novel when it is compared with the prior art base unless invention is not considered novel in any of the information:
Information related to prior art which is made publically available in a single document.
Information related to prior art which is made publically available in a two or more document.
Inventive Step:
(2) an invention is called to involve an inventive step when it is compared with the prior art base unless invention is related to the skill of the relevant art of person and that art related to common general knowledge and such knowledge is existed before the date of relevant claim, whether knowledge is considered separately or with information mention in subsection (3).
Innovative Step:
(4) an invention is called to involve an innovative step when it is compared with the prior art base unless invention is related to the skill of the relevant art of person and that art related to common general knowledge and such knowledge is existed before the date of relevant claim, only when such invention is not related to the information mention in subsection (5).

References:
Australian government, Federal Register of Legislation (21 July 2016) < https://www.legislation.gov.au/Details/C2016C00863>.
Australian Government: IP Australia, Patent Basics (30 may 2016) < https://www.ipaustralia.gov.au/patents/understanding-patents/patent-basics>.
Common wealth consolidated acts,Patents Act 1990–Sect 29
Common wealth consolidated acts,Patents Act 1990-Sect 61.
Common wealth consolidated acts,Patents Act 1990-Sect 62.

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