Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 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                     (b)  the application has been withdrawn, abandoned or refused without becoming open to public inspection; and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.