Commonwealth Numbered Acts

PATENTS ACT 1990 No. 83, 1990 - SECT 36

36. (1) Where:

   (a)  a patent application has been made and, in the case of a complete
        application, the patent request and complete specification have not
        been accepted; and

   (b)  the Commissioner is satisfied, on application made by a person in
        accordance with the regulations, that the nominated person is not an
        eligible person in relation to an invention disclosed in a
        specification filed in relation to the application but that some other
        person is an eligible person in relation to the invention as so
        disclosed; the Commissioner may (whether or not the patent application
        lapses or is withdrawn) declare in writing that the other person is
        such an eligible person.

(2) The Commissioner must not make a declaration without first giving the
nominated person a reasonable opportunity to be heard.

(3) If a complete application is made under section 29 by a person so
declared, the priority date of the claims of a patent granted to the person
for the invention must be determined under the regulations.

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