PATENTS ACT 1990 - SECT 64 Grant: multiple applications

PATENTS ACT 1990 - SECT 64

  (1)   Subject to this section, where there are 2 or more applications for patents for identical, or substantially identical, inventions, the granting of a patent on one of those applications does not prevent the granting of a patent on any of the other applications.

  (2)   Where:

  (a)   an application for a standard patent claims an invention that is the same as an invention that is the subject of a patent and is made by the same inventor; and

  (b)   the relevant claim or claims in each of the complete specifications have the same priority date or dates;

a standard patent cannot be granted on the application.