Document ID: chunk:federal_register_of_legislation:C2024C00455:section:54:p1
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 54 (pt 1/2)
Character Range: 74252–77101

54  Notice of publication
 (1) 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.
 (2) 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).
 (3) Where:
 (a) a complete specification has been filed in respect of an application for a standard patent (other than a PCT application); and
 (b) the prescribed period has ended; and
 (c) 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Journal that the specification is open to public inspection, unless the application has lapsed or been refused or withdrawn.
 (4) Where:
 (a) 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
 (b) 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.
 (5) 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) 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
 (b) 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:
 (c) where paragraph (a) applies—the complete specification filed in respect of the divisional application is open to public inspection; or
 (d) where paragraph (b) applies—the complete specification filed in respect of the original application is open to public inspection.
 (6) Where:
 (a) 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
 (b) 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