Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p48
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 123481–126328

filed for a complete application; and
 (b) the complete application is associated with the provisional application whose specification is referred to in paragraph (1)(b).
Note: A complete application may be associated with a provisional application when the complete application is filed, or as a result of a subsequent amendment to the complete application.

Chapter 4—Publication

4.1  Prescribed information: applicants and applications
  For subsection 53(1) of the Act, the following information is prescribed:
 (a) the number allocated to the application by the Commissioner;
 (b) the name of the applicant;
 (c) in the case of a complete application—the name of the nominated person;
 (d) the title, or an abbreviated title, of the invention;
 (e) the date on which the application was filed;
 (f) particulars of priority documents.

4.2  Notice that specification is open to public inspection
 (1) A request under subsection 54(1) of the Act must be in the approved form.
 (2) For the purposes of subsection 54(1) of the Act, the Commissioner must publish the notice as soon as practicable after:
 (a) being asked by the applicant to publish the notice; and
 (b) the relevant abstract is finally completed; and
 (c) if a direction has been given under subregulation 3.2A(1)—the direction has been complied with.
 (3) For the purposes of paragraph 54(3)(b) of the Act, the prescribed period is from the day of filing of the specification to the end of 18 months after:
 (a) that day; or
 (b) the date of making the earliest priority document referred to in regulation 3.12;
whichever is earlier.

4.3  Prescribed documents: public inspection
 (1) For subsection 55(1) of the Act, all documents that are:
 (a) associated with the application, or with any provisional application associated with the application; and
 (b) in the possession of the Patent Office;
are prescribed, other than:
 (c) documents that would be privileged from production in legal proceedings on the ground of legal professional privilege; and
 (e) the documents mentioned in subregulation (2).
 (2) For paragraphs 55(2)(a), (b) and (c) of the Act, the following documents are prescribed:
 (a) a document that is subject to an order of a court or a tribunal that prohibits disclosure of the document or information in the document;
 (b) a document that the Commissioner has reasonable grounds for believing should not be open to public inspection.

4.4  Publication and inspection of PCT applications
 (1) For subsection 56A(1) of the Act, a PCT application is taken to have become open to public inspection, and to have been published in Australia:
 (a) if a notice in relation to the application is published under subregulation (3)—on the day the notice is published; or
 (b) if subregulation (5) applies—on the day the application is published under Article 21