Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 147

  (1)   Where the Commissioner considers that a specification in respect of an application may contain information of a kind referred to in the definition of associated technology in subsection   4(1) of the Safeguards Act, the Commissioner must give the Director written notice to that effect together with a copy of the patent request and specification.

  (2)   On receiving a notice, the Director may, if satisfied that the specification contains information of that kind, issue a certificate to that effect.

  (3)   Where the Director is satisfied that:

  (a)   the possession by the applicant or the nominated person of the associated technology containing the information was not in accordance with a permit; or

  (b)   the communication of the information involved in making the application was not in accordance with an authority;

the Director may include in the certificate:

  (c)   if the application is not a relevant international application--a direction that the application should lapse; or

  (d)   if the application is a relevant international application--a direction that the application should not be treated as an international application.

  (4)   Where the Director issues a certificate, the Director must give a copy of it to the Commissioner who must give a copy to the applicant.