Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 62

  (1)   If:

  (a)   the Commissioner accepts a patent request and complete specification filed in respect of an application for an innovation patent; and

  (b)   a prohibition order is not in force under subsection   152(3) or 173(1) in relation to the application;

the Commissioner must grant the innovation patent by registering prescribed particulars of the patent in the Register.

  (2)   If an innovation patent is granted, the Commissioner must publish a notice in the Official Journal stating that:

  (a)   the innovation patent has been granted; and

  (b)   the patent request and complete specification are open to public inspection.

  (3)   If:

  (a)   a divisional application provided for in section   79B is made for an innovation patent; and

  (b)   a notice is published in the Official Journal that the complete specification filed in respect of the divisional application is open to public inspection;

the Commissioner must also publish in the Official Journal a notice that the complete specification filed in respect of the original application on which the divisional application is based is open to public inspection.

  (4)   The Commissioner must notify the patentee that the innovation patent has been granted.