Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_62
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 62
Character Range: 23697–24842

62  Grant and publication of innovation patent

 (1) If:
 (a) the Commissioner accepts a patent request and complete specification filed in respect of an application for an innovation patent; and
 (b) a prohibition order is not in force under subsection 152(3) or 173(1) in relation to the application;
the Commissioner must grant the innovation patent by sealing an innovation patent in the approved form.

 (2) If an innovation patent is granted, the Commissioner must publish a notice in the Official Journal stating that:
 (a) the innovation patent has been granted; and
 (b) the patent request and complete specification are open to public inspection.

 (3) If:
 (a) a divisional application provided for in section 79B is made for an innovation patent; and
 (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 the complete specification filed in respect of the original application on which the divisional application is based is open to public inspection.