Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 54

             (1)  Where a complete specification filed in respect of an application for a standard patent (other than a PCT application) has not become open to public inspection, the Commissioner must, if asked to do so by the applicant, publish, in accordance with the regulations, a notice in the Official Journal that the complete specification is open to public inspection.

             (2)  If subsection 41(2) applies to a specification, the applicant cannot make a request under subsection (1) in relation to the specification unless the specification includes the particulars mentioned in paragraph 6(c).

             (3)  Where:

                     (a)  a complete specification has been filed in respect of an application for a standard patent (other than a PCT application); and

                     (b)  the prescribed period has ended; and

                     (c)  the specification is not open to public inspection;

the Commissioner must publish a notice in the Official Journal that the specification is open to public inspection, unless the application has lapsed or been refused or withdrawn.

             (4)  Where:

                     (a)  a divisional application for a standard patent provided for in section 79B (other than a PCT application) is made in respect of an original application, whether a PCT application or not; and

                     (b)  the complete specification filed in respect of the original application was open to public inspection when the divisional application was made;

the Commissioner must publish a notice in the Official Journal that the complete specification filed in respect of the divisional application is open to public inspection.

             (5)  Where a divisional application for a standard patent provided for in section 79B (other than a PCT application) is made in respect of an original application that is not a PCT application and:

                     (a)  a notice is published in the Official Journal that the complete specification filed in respect of the original application is open to public inspection; or

                     (b)  a notice is published in the Official Journal that the complete specification filed in respect of the divisional application is open to public inspection;

the Commissioner must also publish in the Official Journal a notice that:

                     (c)  where paragraph (a) applies--the complete specification filed in respect of the divisional application is open to public inspection; or

                     (d)  where paragraph (b) applies--the complete specification filed in respect of the original application is open to public inspection.

             (6)  Where:

                     (a)  a divisional application for a standard patent provided for in section 79B (other than a PCT application) is made in respect of an original application that is a PCT application; and

                     (b)  a notice is published in the Official Journal that the complete specification filed in respect of the original application is open to public inspection;

the Commissioner must also publish in the Official Journal a notice that the complete specification filed in respect of the divisional application is open to public inspection.