Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 49

             (1)  Subject to section 50, the Commissioner must accept a patent request and complete specification relating to an application for a standard patent, if:

                     (a)  the Commissioner is satisfied that the invention, so far as claimed, satisfies the criteria mentioned in paragraph 18(1)(b); and

                     (b)  the Commissioner considers that:

                              (i)  there is no lawful ground of objection (other than a ground in respect of paragraph 18(1)(b)) to the request and specification; or

                             (ii)  any such ground of objection has been removed.

             (2)  If subsection (1) does not apply, the Commissioner may refuse to accept the request and specification.

             (3)  The Commissioner must, if asked to do so by the applicant in writing, postpone acceptance of a patent request and complete specification until such day as the applicant specifies.

             (4)  The applicant cannot, for the purposes of subsection (3), specify a day that is after the end of the period prescribed for the purposes of paragraph 142(2)(e).

             (5)  Where the Commissioner accepts a patent request and complete specification relating to an application for a standard patent, the Commissioner must:

                     (a)  notify the applicant in writing of the acceptance; and

                     (b)  publish a notice of the acceptance in the Official Journal .

             (6)  The notice mentioned in paragraph (5)(b) must:

                     (a)  if the patent request and complete specification have been subjected to a modified examination--include a statement to the effect that the acceptance has resulted from a modified examination; and

                     (b)  if the patent request and complete specification have not already become open to public inspection--include a statement to the effect that the patent request and specification are open to public inspection.

             (7)  Where the Commissioner refuses to accept a patent request and complete specification relating to an application for a standard patent, the Commissioner must notify the applicant in writing of the reasons for the refusal and publish a notice of the refusal in the Official Journal .