Initial Handling

Date Published

Applications that arrive in the Office via safe hand under international arrangements, and with authorisation for the applicant to file in Australia subject to the application remaining classified, are automatically made the subject of a prohibition order.

Notwithstanding the above, all patent applications are reviewed for possible disclosure of information that would give rise to a prohibition order. If the Commissioner forms the opinion that advice should be sought as to whether a prohibition order should be placed on a particular application:

  • a prohibition order is put on the application pending receipt of advice; and
  • the application is sent to a relevant Agency to obtain that advice.

The prohibition order is subsequently revoked if the Agency indicates that prohibition is not required.

See also 2.26.5 Secret Cases.