Patents Act 1994 · 2020 Revised Edition · Part 6 · Procedure for Grant of Patent
32. Observations by third party on patentability
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Where an application for a patent has been published, any other person may make observations in writing to the Registrar on the question whether the invention is a patentable invention, stating reasons for the observations, and the Registrar must, subject to subsection (2), consider the observations in accordance with the rules.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 117(3);
The observations must be received by the Registrar before the Registrar sends to the applicant in the application for the patent —
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
a copy of an examination report under section 29(4);
a copy of a search and examination report under section 29(5); or
a copy of a supplementary examination report under section 29(6).
A person does not become a party to any proceedings under this Act before the Registrar by reason only that the person makes observations under this section.