Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 114A

             (1)  This section applies if:

                     (a)  a complete specification (the original specification ) has been amended; and

                     (b)  after the amendment, the amended specification claims matter that was in substance disclosed as a result of the amendment; and

                     (c)  after the filing date of the original specification there is a publication or use of the invention as described in the original specification.

             (2)  If this section applies, objection cannot be taken to the amended specification, and a patent is not invalid, on the ground that the invention, so far as claimed in the amended specification and having regard to the publication or the use of the invention described in the original specification, does not involve:

                     (a)  in the case of a standard patent--an inventive step; or

                     (b)  in the case of an innovation patent--an innovative step.