Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 178

False representations about patents or patented articles

             (1)  A person must not falsely represent that he or she, or another person, is the patentee of an invention.

Penalty:  60 penalty units.

          (1A)  A person must not falsely represent that he or she, or another person, is the patentee of an innovation patent that has been certified.

Penalty:  60 penalty units.

             (2)  A person must not falsely represent that an article sold by him or her is patented in Australia, or is the subject of an application for a patent in Australia.

Penalty:  60 penalty units.

             (3)  Without limiting subsection (2):

                     (a)  a person is to be taken to represent that an article is patented in Australia if the word "patent" or "patented", the words "provisional patent", or any other word or words implying that a patent for the article has been obtained in Australia, are stamped, engraved or impressed on, or otherwise applied to, the article; and

                     (b)  a person is to be taken to represent that an article is the subject of an application for a patent in Australia if the words "patent applied for" or "patent pending", or any other word or words implying that an application for a patent for the article has been made in Australia, are stamped, engraved or impressed on, or otherwise applied to, the article.

             (4)  A prosecution must not be started for an offence against this section without the consent of the Minister, or a person authorised by the Minister.



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