Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 79C

Applications may be made

             (1)  A patentee of an innovation patent (the first patent ) may, in accordance with the regulations, make a complete application for another innovation patent for a further invention disclosed in the first patent if the invention was disclosed in the complete specification filed in respect of the application on which the first patent was sealed.

             (2)  The patentee may make the further complete application only during the period:

                     (a)  starting when an examination of the first patent begins; and

                     (b)  ending when any of the following happens:

                              (i)  the term of the first patent ends;

                             (ii)  the first patent is revoked;

                            (iii)  the first patent ceases;

                            (iv)  a period prescribed by the regulations for the purposes of this subparagraph ends.

When does an examination begin?

             (3)  For the purposes of subsection (2), an examination of the patent begins:

                     (a)  if the examination has been requested under paragraph 101A(b)--on the day the request was made; or

                     (b)  if the Commissioner decided to examine the patent under paragraph 101A(a)--on the day the Commissioner made that decision.