Commonwealth Numbered Acts

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PATENTS ACT 1990 No. 83, 1990 - SECT 82

Revocation of patent and grant of patent of addition instead
82. (1) Where:

   (a)  an invention that is an improvement in, or modification of, a main
        invention is the subject of an independent patent; and

   (b)  the patentee of the independent patent is also the patentee of the
        patent for the main invention; the Commissioner may, on an application
        made by the patentee, revoke the independent patent and grant a patent
        of addition for the improvement or modification.

(2) A patent of addition granted under this section must be given the same
date as the date of the independent patent that is revoked.

(3) An appeal lies to the Federal Court against a decision of the Commissioner
refusing an application under this section. 


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