Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 55

Documents open to public inspection

  (1)   Where a notice is published under section   54 or under subsection   62(3), the specification concerned, and such other documents (if any) as are prescribed, are open to public inspection.

  (2)   Where a notice is published under paragraph   49(5)(b) in relation to an application for a standard patent, or under subsection   62(2) in relation to the grant of an innovation patent, the following documents are open to public inspection:

  (a)   all documents (other than prescribed documents) filed in relation to the application or the patent, whether before or after the acceptance or grant;

  (b)   all documents (other than prescribed documents) filed, after the patent ceases, expires or is revoked, in relation to the former patent;

  (c)   copies of all documents relating to the application or patent (other than prescribed documents) given by the Commissioner to the applicant or patentee, or the former applicant or patentee;

being documents that have not already become open to public inspection.

  (3)   Subject to section   56A, a specification, or other document, is to be taken to have been published on the day on which it becomes open to public inspection unless it has been published otherwise before that day.

  (4)   This section is subject to subsection   56(3).


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