Patents Act 1990

Date Published

The basic provision for the delegation of the Commissioner’s powers is given in sec 209. The Commissioner's power is to delegate to "a prescribed employee, or a prescribed class of employees".

Schedule 1 defines an "employee" with reference to persons employed in the Patent Office. Persons employed by IP Australia are employed in the Patent Office if their duty statement refers to matters to be performed under the Patents Act (and the Commissioner may inspect the relevant duty statement prior to issuing a delegation).  Regulation 21.2 specifies those persons who may be delegated under sec 209(1).

Subject to any direction by the Commissioner, a deputy commissioner has all the other powers and functions of the Commissioner, except the power to delegate (sec 208(2)).