PBR - declaration of document as non-OPI

Issue summary

Subsection 35(3) of the PBR Act allows for persons to inspect applications and objections. However, only the person specified in paragraph 36(3)(f) are entitled a person to inspect the part of the application that contains the information on the name of each variety.

Registrar doesn't currently have the power to declare a submitted document as being non-OPI (Open for Public Inspection) if it is deemed not relevant to the consideration of a PBR application or the granting of a PBR. From time-to-time applicants submit documents that are sensitive and not relevant to the making of decisions on the PBR applications.

Currently this information is placed on the relevant case file. However, it is possible for third parties to request copies of documents on case files by payment of the prescribed fee. Documents that are not relevant to the consideration of the application, and which may be sensitive, should not be OPI.

Amending the PBR Act to allow the Registrar to declare document non-OPI would align with the Patents legislation.

History

• On hold 24 June 2021
• Policy development 5 December 2022

Comments

Issue is being considered as part of IP Australia’s PBR reform work.