Patents Bill

  • enacted

Subpart 9Assertions by third parties, opposition, and re-examinations

Assertions by third parties within prescribed period

86 Assertions by third parties on novelty and inventive step
  • (1) AAny person may, within the prescribed period after a complete specification becomes open to public inspection but before the date of the publication of the accepted complete specification, notify the Commissioner, in the prescribed manner (if any), that the person asserts that the invention, so far as claimed in a claim, is not a patentable invention because it does not comply with section 13(b) (which relates to the requirement for the invention to be novel and involve an inventive step).

    (2) The notice must state the reasons for the person’s assertion.

    (3) The notice and any documents accompanying it are open to public inspection.

    Compare: Patents Act 1990 s 27(1), (4) (Aust)