Grant of patent of addition
81 Grant of patent of addition
Where:
a patent for an invention (in this Chapter called the main invention) has been applied for or granted; and
the applicant or patentee (or a person authorised by the applicant or patentee) applies for a further patent for an improvement in, or modification of, the main invention; and
the application for that further patent is made in accordance with the regulations;
the Commissioner may, subject to this Act and the regulations, grant a patent of addition for the improvement or modification.
A patent request and complete specification relating to an application for a patent of addition must not be examined before a request is made for the examination of the patent request and complete specification relating to the application for the patent for the main invention.
A patent of addition must not be granted before the patent for the main invention is granted.
An appeal lies to the Federal Court against a decision of the Commissioner under this section.
This provision refers to the regulations (the regulations
). Made under this Act:
- Patents Regulations 1991 · under s 228
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