Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a complete specification filed in respect of an application for a standard patent (other than a PCT application) has not become open to public inspection, the Commissioner must, if asked to do so by the applicant, publish, in accordance with the regulations, a notice in the Official Journal that the complete specification is open to public inspection.
(2) If subsection 41(2) applies to a specification, the applicant cannot make a request under subsection (1) in relation to the specification unless the specification includes the particulars mentioned in paragraph 6(c).
(3) Where:
(a) a complete specification has been filed in respect of an application for a standard patent (other than a PCT application); and
(b) the prescribed period has ended; and
(c) the specification is not open to public inspection;
the Commissioner must publish a notice in the Official Journal that the specification is open to public inspection, unless the application has lapsed or been refused or withdrawn.
(4) Where:
(a) a divisional application for a standard patent provided for in section 79B (other than a PCT application) is made in respect of an original application, whether a PCT application or not; and
(b) the complete specification filed in respect of the original application was open to public inspection when the divisional application was made;
the Commissioner must publish a notice in the Official Journal that the complete specification filed in respect of the divisional application is open to public inspection.
(5) Where a divisional application for a standard patent provided for in section 79B (other than a PCT application) is made in respect of an original application that is not a PCT application and:
(a) a notice is published in the Official Journal that the complete specification filed in respect of the original application is open to public inspection; or
(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:
(c) where paragraph (a) applies--the complete specification filed in respect of the divisional application is open to public inspection; or
(d) where paragraph (b) applies--the complete specification filed in respect of the original application is open to public inspection.
(6) Where:
(a) a divisional application for a standard patent provided for in section 79B (other than a PCT application) is made in respect of an original application that is a PCT application; and
(b) a notice is published in the Official Journal that the complete specification filed in respect of the original 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 divisional application is open to public inspection.