Patents Bill

  • enacted

Subpart 6Examination

59B Request for examination
  • (1) The applicant may, in the prescribed manner, ask for an examination of the patent application and the complete specification relating to the application.

    (2) The Commissioner may, on 1 or more of the prescribed grounds and in the prescribed manner, direct the applicant to ask, within the prescribed period, for an examination of the patent application and the complete specification relating to the application.

    (3) If the patent application and the complete specification relating to the application are open to public inspection, any person may, in the prescribed manner, require the Commissioner to give a direction under subsection (2).

    (4) However, a person may not act under subsection (3) if the application is a Treaty application and the requirements in section 49(1) have not been satisfied.

    (5) If required under subsection (3), the Commissioner must give a direction accordingly, unless the applicant has already asked, or been directed to ask, for an examination of the patent application and the complete specification relating to the application.

    (6) If the Commissioner gives a direction under this section, the patent application must be treated as having been abandoned if the applicant does not ask, within the prescribed period, for an examination of the patent application and the complete specification relating to the application.

    Compare: Patents Act 1990 s 44 (Aust)