Notice of publication
54 Notice of publication
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.
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).
Where:
a complete specification has been filed in respect of an application for a standard patent (other than a PCT application); and
the prescribed period has ended; and
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Journal that the specification is open to public inspection, unless the application has lapsed or been refused or withdrawn.
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, whether a PCT application or not; and
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.
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 notice is published in the Official Journal that the complete specification filed in respect of the original application is open to public inspection; or
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:
where paragraph (a) applies—the complete specification filed in respect of the divisional application is open to public inspection; or
where paragraph (b) applies—the complete specification filed in respect of the original application is open to public inspection.
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 a PCT application; and
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.
This provision refers to the regulations (the regulations
, prescribed period
). Made under this Act:
- Patents Regulations 1991 · under s 228
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