Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 37

             (1)  Where a complete application is made, the applicant may, at any time during the prescribed period, by written request, ask the Commissioner to direct that the application be treated as a provisional application.

             (2)  A person is not entitled to make a request if the patent request and specification filed in respect of the application have been accepted or have become open to public inspection.

             (3)  On receiving a request, the Commissioner must give a direction as asked.

             (4)  Where the Commissioner gives a direction, the complete application is to be taken, for the purposes of this Act, to be, and to have always been, a provisional application.