Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 74

Acceptance

  (1)   If a patentee of a standard patent makes an application for an extension of the term of the patent, the Commissioner must accept the application if the Commissioner is satisfied, on the balance of probabilities, that the requirements of sections   70 and 71 are satisfied in relation to the application.

  (2)   If the Commissioner accepts the application, the Commissioner must:

  (a)   notify the applicant of the acceptance; and

  (b)   publish a notice of the acceptance in the Official Journal .

Refusal

  (3)   The Commissioner must refuse to accept the application if the Commissioner is not satisfied, on the balance of probabilities, that the requirements of sections   70 and 71 are satisfied in relation to the application.

  (4)   If the Commissioner refuses to accept the application, the Commissioner must:

  (a)   notify the applicant of the reasons for the refusal; and

  (b)   publish a notice of the refusal in the Official Journal .