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Thursday, 8 December 1960

Clause 11.

Sections fifty-two, fifty-three and fifty-four of the Principal Act are repealed and the following sections inserted in their stead: - " 52. - (1.) If the Commissioner is satisfied that there is no lawful ground of objection to an application and complete specification, or that the grounds of objection to an application and complete specification have been removed, the Commissioner shall, subject to sub-section (3.) of this section, accept the application and complete specification. "(5.) When acceptance of an application and complete specification has been advertised in the Official Journal, the following documents shall be open to public inspection: -

(a)   the application as lodged;

(b)   if the application as lodged has been amended, that application as so amended;

(c)   the provisional specification (if any);

(d)   the complete specification as lodged;

(e)   if the complete specification as lodged has been amended, that specification as so amended;

(f)   the declaration lodged in respect of the application under sub-section (3.) of section thirty-five of this Act; and

(g)   in the case of a Convention application, the documents referred to in subsections (3.) and (4.) of section one hundred and forty-three of this Act

Amendment (by Sir Garfield Barwick) agreed to -

Proposed section 52, omit proposed sub-section (5.), insert the following sub-sections: - " ' (4a.) Where-

(a)   a period of two years has elapsed since a complete specification was lodged in respect of an application; and

(b)   the application and complete specification have not been accepted, the Commissioner shall forthwith publish in the Official Journal a notification that the complete specification is open to public inspection. " ' (5.) When-

(a)   acceptance of an application and complete specification has been advertised in the Official Journal in pursuance of subsection (4.) of this section; or

(b)   a notification that the complete specification is open to public inspection has been published in the Official Journal in pursuance of the last preceding subsection, the following documents shall, subject to this Act, be open to public inspection: -

(c)   the application as lodged;

(d)   if the application as lodged has been amended, that application as so amended;

(e)   the provisional specification (if any);

(f)   the complete specification as lodged;

(g)   if the complete specification as lodged has been amended, that specification as so amended;

(h)   the declaration lodged in respect of the application under sub-section (3.) of section thirty-five of this Act; and

(i)   in the case of a Convention application, the documents referred to in subsections (3.) and (4.) of section one hundred and forty-three of this Act.".

Clause, as amended, agreed to.

Clauses 12 to 14 - by leave - taken together, and agreed to.

Clause 15.

Section seventy-eight of the Principal Act is repealed and the following section inserted in its stead: - "78. - (1.) Except for the purpose of correcting a clerical error or an obvious mistake, an amendment of a specification under this Part is not allowable (whether before or after acceptance) if the specification as amended would claim matter not in substance disclosed in the specification before amendment. " (2.) An amendment of a specification under this Part is not allowable after acceptance -

(a)   if, by reason of making the amendment, the specification would not comply with the requirements of section forty of this Act; or

(b)   except for the purpose of correcting a clerical error or an obvious mistake, if a claim of the specification as amended would not in substance fall within the scope of the claims of the specification before amendment.".

Amendment (by Sir Garfield Barwick) agreed to -

Omit proposed section seventy-eight, insert the following section: - " ' 78. - (1.) Except for the purpose of correcting a clerical error or an obvious mistake, an amendment of a specification under this Part is not allowable -

(a)   after publication of the complete specification - if a claim of the specification as amended would not in substance fall within the scope of the claims of the specification before amendment; and

(b)   at any time - if the specification as amended would claim matter not in substance disclosed in the specification as lodged. (2.) An amendment of a specification under this Part is not allowable after acceptance if, by reason of making the amendment, the specification would not comply with the requirements of section forty of this Act.'.".

Clause, as amended, agreed to.

Remainder of bill - by leave - taken as a whole.

Mr.WHITLAM(Werriwa) [4.3].-I want to ask the Attorney-General (Sir Garfield Barwick) about clause 29, which inserts a new section 160. He wrote me that this proposed new section is the one part of the bill which does not fully and faithfully carry out the recommendations of the Patent Law Review Committee, which dealt with this matter in paragraph 39 of its report. When I say it is the one part of the bill which does not carry out the committee's recommendations, I exclude the provisions concerning the original section 43, which has been repealed, and the amendments just made by this committee concerning the time between lodgment and publication of a complete specification. Leaving out of consideration the time that elapses between lodgment and publication, I believe that this is the only provision on which the committee's recommendations are not fully and faithfully carried out. I ask the Attorney-General for the reasons for his departure from the committee's recommendations on this point.







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