85
In forceRevocation of patent for main invention
Chapter 7Patents of addition
85 Revocation of patent for main invention
(1)
If the patent for the main invention is revoked by a prescribed court, or by the Commissioner under section 101 or 137, the patent of addition becomes an independent patent unless otherwise ordered by:
(a)
where the patent is revoked by a prescribed court—that court; or
(b)
in any other case—the Commissioner.
(2)
Where a patent of addition becomes an independent patent under this section, its term cannot be more than the unexpired part of the term of the patent for the main invention.
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