Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 43AA

Disclosure in basic applications

Prescribed documents relating to basic applications

  (1)   The regulations may prescribe documents that relate to a basic application.

Disclosures in prescribed documents may generally be taken into account

  (2)   Without limiting the documents or disclosures that may be taken into account for the purposes of this Act in relation to a basic application, account may be taken of a disclosure in a prescribed document that relates to a basic application.

Disclosures in prescribed documents must not be taken into account if Commissioner's requirement not complied with

  (3)   However, if the Commissioner makes a requirement under subsection   (4) in relation to a prescribed document, account must not be taken, for the purposes of this Act, of a disclosure in the prescribed document unless the document has been made available by the prescribed means and within the prescribed period.

Commissioner may require prescribed documents be made available

  (4)   The Commissioner may require that a prescribed document relating to a basic application be made available to the Commissioner by the prescribed means and within the prescribed period.

  (5)   The Commissioner may make a requirement under subsection   (4) more than once in relation to the same prescribed document.


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