Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 37

Complete application may be treated as provisional

  (1)   Where a complete application is made, the applicant may, at any time during the prescribed period, by written request, ask the Commissioner to direct that the application be treated as a provisional application.

  (2)   A person is not entitled to make a request if the patent request and specification filed in respect of the application have been accepted or have become open to public inspection.

  (3)   On receiving a request, the Commissioner must give a direction as asked.

  (4)   Where the Commissioner gives a direction, the complete application is to be taken, for the purposes of this Act, to be, and to have always been, a provisional application.


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