Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 49A

Postponing acceptance of patent request: standard patent

  (1)   The Commissioner may postpone acceptance of a patent request and complete specification:

  (a)   on his or her own initiative; or

  (b)   if requested to do so in writing by the applicant.

  (2)   If the Commissioner postpones acceptance on his or her own initiative, he or she must specify a day to which acceptance is postponed.

  (3)   If the Commissioner postpones acceptance following a request by the applicant, the Commissioner may specify a day to which acceptance is postponed.

  (4)   The day specified under subsection   (2) or (3) cannot be a day that is after the end of the period prescribed for the purposes of paragraph   142(2)(e).

  (5)   If:

  (a)   acceptance is postponed under subsection   (1) following a request by the applicant; and

  (b)   the Commissioner has not specified a day to which acceptance is postponed;

the Commissioner is not required to accept the patent request and complete specification unless the applicant withdraws the request in writing.

Note:   If the applicant does not withdraw the request before the day prescribed by the regulations, the application lapses: see paragraph   142(2)(e).


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