Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 62

Grant and publication of innovation patent

             (1)  If:

                     (a)  the Commissioner accepts a patent request and complete specification filed in respect of an application for an innovation patent; and

                     (b)  a prohibition order is not in force under subsection 152(3) or 173(1) in relation to the application;

the Commissioner must grant the innovation patent by sealing an innovation patent in the approved form.

             (2)  If an innovation patent is granted, the Commissioner must publish a notice in the Official Journal stating that:

                     (a)  the innovation patent has been granted; and

                     (b)  the patent request and complete specification are open to public inspection.

             (3)  If:

                     (a)  a divisional application provided for in section 79B is made for an innovation patent; and

                     (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 the complete specification filed in respect of the original application on which the divisional application is based is open to public inspection.



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