2.15.1 Introduction

Date Published

Under sec 49(1), the Commissioner (or acceptance delegate thereof) must accept a patent request and complete specification where certain requirements are met.  If sec 49(1) does not apply, the Commissioner may refuse to accept the request and specification (sec 49(2)).

"Where it appears manifest that a valid patent could not be granted, the Commissioner not only has the power but is under a duty to reject the application."

Commissioner of Patents v Microcell Ltd. (1959) 102 CLR 232.

However, in practice the Commissioner will not refuse to accept a request and specification until the matter has been considered at a hearing.