Applications by opponents etc
33 Applications by opponents etc
Opposition to standard patent if a person other than nominated person eligible for grant of patent
If:
an application has been made for a standard patent; and
the grant of the standard patent is opposed under section 59 by one or more persons; and
the Commissioner decides, under section 60, that:
one or more opponents are eligible persons in relation to the invention, so far as claimed in any claim of the opposed patent application (the original claim); and
the nominated person in respect of the application is not an eligible person in relation to the invention; and
there is no other reason that a patent should not be granted; and
a complete application is made under section 29 by one or more of the eligible persons for a patent in relation to the invention;
the Commissioner may grant those eligible persons a patent jointly for the invention, so far as so claimed.
Opposition to standard patent if nominated person eligible for grant of patent with other persons
If:
an application has been made for a standard patent; and
the grant of the patent is opposed under section 59 by one or more persons; and
the Commissioner decides, under section 60:
that both the nominated person and one or more of the opponents are eligible persons in relation to the invention, so far as claimed in any claim of the opposed patent application (the original claim); and
that there is no other reason that a patent should not be granted; and
a complete application is made by one or more of the eligible persons under section 29 for a patent in relation to the invention;
the Commissioner may grant a patent for the invention, so far as so claimed, to those eligible persons jointly.
Opposition to innovation patent if patentee not entitled to grant of patent but another person is
If:
an innovation patent is opposed under section 101M by one or more persons;
the Commissioner decides, under section 101N, that the patentee is not entitled to the grant of the patent; and
the Commissioner decides that one or more of the opponents are eligible persons in relation to the invention the subject of the patent, so far as claimed in any claim of the patent (the original claim); and
a complete application is made by one or more of the eligible persons under section 29 for a patent in relation to the invention;
the Commissioner may grant an innovation patent for the invention, so far as so claimed, to those eligible persons.
Opposition to innovation patent if patentee entitled to grant of patent with other person
If:
an innovation patent is opposed under section 101M by one or more persons; and
the Commissioner decides that one or more of the opponents and the original patentee are eligible persons in relation to the invention the subject of the patent, so far as claimed in any claim of the patent (the original claim); and
a complete application is made by one or more of the eligible persons under section 29 for a patent in relation to the invention;
the Commissioner may grant an innovation patent for the invention, so far as so claimed, to those eligible persons jointly.
If the Commissioner grants a patent under subsection (1), (2), (3) or (4), the claims of that patent granted have the same priority date as that of the original claim referred to in the respective subsection.
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