Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 81

Grant of patent of addition

             (1)  Where:

                     (a)  a patent for an invention (in this Chapter called the main invention ) has been applied for or granted; and

                     (b)  the applicant or patentee (or a person authorised by the applicant or patentee) applies for a further patent for an improvement in, or modification of, the main invention; and

                     (c)  the application for that further patent is made in accordance with the regulations;

the Commissioner may, subject to this Act and the regulations, grant a patent of addition for the improvement or modification.

             (2)  A patent request and complete specification relating to an application for a patent of addition must not be examined before a request is made for the examination of the patent request and complete specification relating to the application for the patent for the main invention.

             (3)  A patent of addition must not be granted before the patent for the main invention is granted.

             (4)  An appeal lies to the Federal Court against a decision of the Commissioner under this section.



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