2.13.5.1A Introduction

Date Published

Note: The information in this part only applies to:

  • standard patent applications with an examination request filed on or after 15 April 2013.
  • innovation patents with an examination request filed on or after 15 April 2013.
  • innovation patents where the Commissioner had not decided before 15 April 2013 to examine the patent.  

For all other standard patent applications/innovation patents, see 2.13.5.1 Introduction.

The Act requires that, before accepting a standard patent application or certifying an innovation patent, the Commissioner must be "satisfied, on the balance of probabilities" that the criteria for patentability are met.  In practice, this means the threshold test for assessing all grounds of objection is the standard based on "balance of probabilities".