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PATENTS ACT 1990 - SECT 29B Applications for patents--special rules for Convention applications

PATENTS ACT 1990 - SECT 29B

Applications for patents--special rules for Convention applications

Making Convention applications

  (1)   A Convention applicant in relation to a basic application may make a Convention application, or 2 or more such applicants may make a joint Convention application.

  (2)   If 2 or more basic applications for protection in respect of inventions have been made in one or more Convention countries, one Convention application may be made by a Convention applicant in relation to those basic applications, or by 2 or more such entitled applicants jointly, in respect of the inventions disclosed in the basic applications.

  (3)   Subject to subsections   (4) and (5), a Convention application must be made and dealt with in the same way as any other patent application.

  (4)   A patent request relating to a Convention application must:

  (a)   include the prescribed particulars relating to the relevant basic application; and

  (b)   be accompanied by a complete specification.

Meaning of Convention country

  (5)   Convention country means a foreign country or region of a kind prescribed by the regulations.

  (6)   Despite subsection   14(2) of the Legislation Act 2003 , regulations made for the purposes of the definition of Convention country in subsection   (5) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.