Revocation of patent and grant of patent of addition instead
82 Revocation of patent and grant of patent of addition instead
Where:
an invention that is an improvement in, or modification of, a main invention is the subject of an independent patent; and
the patentee of the independent patent is also the patentee of the patent for the main invention;
the Commissioner may, on an application made by the patentee, revoke the independent patent and grant a patent of addition for the improvement or modification.
A patent of addition granted under this section must be given the same date as the date of the independent patent that is revoked.
An appeal lies to the Federal Court against a decision of the Commissioner refusing an application under this section.
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