5.3.5 Return, Deletion, or Redaction of Documents

Also in this Chapter:

• 5.3.1 Formalities Checking
• 5.3.2 Formal requirements of the specification
• 5.3.3 Approved Forms (including patent request)
• 5.3.4 Signature Requirements for Forms and Other Documents

Key Legislation: 

Patents Act:

• Chapter 4 Publication

​​​​Referenced Acts:

• Archives Act 1983 

Related Chapters:

• 7.13 Documents not OPI – Orders for inspection

On this page

• Overview
• Examination practice

Overview

Documents filed for a patent application cannot be returned, deleted, or redacted unless they have been filed by mistake.​​​​​​​

Examination practice

Under Chapter 4 of the Act, documents filed for a patent application generally become open to public inspection (OPI) and are available on IP Australia’s website within 24 hours of filing. The applicant marking correspondence as ‘confidential’ has no effect on the disclosure of that correspondence to other parties under the Patents Act. In certain circumstances, however, the Commissioner may order that filed documents not be OPI (see 7.13 Documents not OPI – Orders for inspection).

IP Australia is subject to the Archives Act 1983, under which the destruction or alteration of a Commonwealth record is an offence. Therefore, a request for the Commissioner to return, delete, or redact documents that have become part of a Commonwealth record (e.g. documents filed in relation to a patent application) will be refused.

However, where documents are filed in error and are not part of the official record, they may be returned or destroyed. Requests for documents to be returned, deleted, or to not be OPI should be referred to the Assistant General Manager (Oppositions).