Patents Act 1990

A person may, within the prescribed period after a complete specification filed in relation to an application for a standard patent becomes open to public inspection, notify the Commissioner, in accordance with the regulations, that the person asserts, for reasons stated in the notice, that the invention concerned is not a patentable invention because it does not comply with paragraph 18(1)(b).

The Commissioner must:

notify the applicant for the patent of any matter of which the Commissioner is notified under subsection (1); and

give the applicant for the patent a copy of any document accompanying the notice under subsection (1).

Without limiting paragraph (2)(b), the Commissioner may give the copy by:

making the copy available to the applicant for the patent in an electronic form; and

notifying the applicant for the patent that the copy is available.

The Commissioner must otherwise consider and deal with a notice in accordance with the regulations.

A notice and any document accompanying it are open to public inspection.