Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 50

Application or grant may be refused in certain cases

             (1)  The Commissioner may refuse to accept a request and specification relating to a standard patent, or to grant a standard patent:

                     (a)  for an invention the use of which would be contrary to law; or

                     (b)  on the ground that the specification claims as an invention:

                              (i)  a substance that is capable of being used as food or medicine (whether for human beings or animals and whether for internal or external use) and is a mere mixture of known ingredients; or

                             (ii)  a process producing such a substance by mere admixture.

             (2)  The Commissioner may refuse to accept a specification relating to a standard patent containing a claim that includes the name of a person as the name, or part of the name, of the invention so far as claimed in that claim.



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