Postponing acceptance of patent request: standard patent
49A Postponing acceptance of patent request: standard patent
The Commissioner may postpone acceptance of a patent request and complete specification:
on his or her own initiative; or
if requested to do so in writing by the applicant.
If the Commissioner postpones acceptance on his or her own initiative, he or she must specify a day to which acceptance is postponed.
If the Commissioner postpones acceptance following a request by the applicant, the Commissioner may specify a day to which acceptance is postponed.
The day specified under subsection (2) or (3) cannot be a day that is after the end of the period prescribed for the purposes of paragraph 142(2)(e).
If:
acceptance is postponed under subsection (1) following a request by the applicant; and
the Commissioner has not specified a day to which acceptance is postponed;
the Commissioner is not required to accept the patent request and complete specification unless the applicant withdraws the request in writing.
If the applicant does not withdraw the request before the day prescribed by the regulations, the application lapses: see paragraph 142(2)(e).
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Patents Regulations 1991 · under s 228
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