Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 46

             (1)  Where:

                     (a)  a complete application for a standard patent has been made; and

                     (b)  a prescribed application for a patent has been made in a prescribed foreign country; and

                     (c)  a patent has not been granted in respect of the prescribed application; and

                     (d)  the applicant has been directed by the Commissioner to ask for an examination of the patent request and specification relating to the application mentioned in paragraph (a), being a direction given on a ground prescribed for the purposes of this paragraph;

the applicant may, instead of asking for an examination as directed, ask for deferment of the examination.

             (2)  A request for deferment must be made in accordance with the regulations.

             (3)  Where a request for deferment is made:

                     (a)  the examination of the patent request and specification must be deferred accordingly; and

                     (b)  the application does not lapse merely because of failure by the applicant to ask for an examination in accordance with the Commissioner's direction.