Patents Bill

  • enacted
73 Publication in case of divisional applications made as provided for in section 33
  • (1) The Commissioner must publish a notice in the journal that a complete specification filed for a fresh divisional application is open to public inspection if—

    • (a) the fresh divisional application is not a Treaty application and is made in respect of an original a parent application (whether or not the original parent application is a Treaty application); and

    • (b) the complete specification filed for the original parent application was open to public inspection when the fresh divisional application was made.

    (2) Subsection (3) applies if a fresh divisional application (other than a Treaty application) is made in respect of an original a parent application that is not a Treaty application and—

    • (a) a notice is published in the journal that the complete specification filed for the original parent application is open to public inspection; or

    • (b) a notice is published in the journal that the complete specification filed for the fresh divisional application is open to public inspection.

    (3) The Commissioner must also publish in the journal a notice that,—

    • (a) if subsection (2)(a) applies, the complete specification filed for the fresh divisional application is open to public inspection; or

    • (b) if subsection (2)(b) applies, the complete specification filed for the original parent application is open to public inspection.

    (4) The Commissioner must also publish in the journal a notice that the complete specification filed for a fresh application is open to public inspection if—

    • (a) the fresh application is an application other than a Treaty application and is made in respect of an original application that is a Treaty application; and

    • (b) a notice is published in the journal that the complete specification filed for the original application is open to public inspection.

    (5) For the purposes of this section,—

    fresh divisional application means a fresh patent divisional application referred to in section 33

    original parent application means the original patent parent application referred to in section 33.

    Compare: Patents Act 1990 s 54(4)–(6), (5) (Aust)