Commonwealth Numbered Acts

PATENTS ACT 1990 No. 83, 1990 - SECT 96

96. (1) Where, at the time when a Convention application is made in respect of
an invention:

   (a)  an application has been made for protection in respect of the
        invention in a Convention country; and

   (b)  the application has been withdrawn, abandoned or refused without
        becoming open to public inspection; and

   (c)  the application has not been used as the basis of claiming a right of
        priority in a Convention country under a law of that country
        corresponding to this Part; and

   (d)  a later application has been made by the same applicant for protection
        in respect of the invention in the Convention country in which the
        earlier application was made; the applicant may ask the Commissioner
        to disregard the earlier application for the purposes of this Part.

(2) Where an applicant makes a request under subsection (1):

   (a)  the earlier application must be disregarded; and

   (b)  neither the applicant nor any other applicant may use the earlier
        application as a basic application for the purposes of this Part.