Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 234

             (1)  Where, before the commencing day:

                     (a)  a patent application and provisional specification had been lodged under the 1952 Act; and

                     (b)  a complete specification had not been lodged under that Act in respect of the application; and

                     (c)  the application had not been withdrawn;

then, subject to this Chapter and the regulations, this Act applies in relation to the application on and after that day as if it were a provisional application under this Act.

             (2)  Where, before the commencing day:

                     (a)  a patent application had been lodged under the 1952 Act; and

                     (b)  a complete specification, or a petty patent specification, had been lodged under that Act in respect of the application; and

                     (c)  the application had not been withdrawn or finally dealt with;

then, subject to this Chapter and the regulations, this Act applies on and after that day:

                     (d)  in relation to the application as if it were a complete application made under this Act; and

                     (e)  in relation to the petty patent specification as if it were a complete specification filed under this Act in respect of the application.

             (3)  Chapter 5 of this Act does not apply in relation to an application mentioned in subsection (2), but Part V of the 1952 Act, as in force immediately before the commencing day, continues to apply in relation to such an application.

             (4)  Chapter 9 of this Act does not apply in relation to:

                     (a)  an application mentioned in subsection (2); or

                     (b)  a patent granted on such an application.

             (5)  Objection cannot be taken to:

                     (a)  an application mentioned in subsection (2); or

                     (b)  a patent granted on such an application;

and such a patent is not invalid, so far as the invention is claimed in any claim, on any ground that would not have been available against the application or patent, as the case may be, under the 1952 Act.

             (6)  A petty patent specification to which subsection (2) applies cannot be amended under this Act so as to include more than one claim.