PATENTS ACT 1990 - SECT 54 Notice of publication

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Journal that the specification is open to public inspection, unless the application has lapsed or been refused or withdrawn.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.