Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 81

  (1)   Where:

  (a)   a patent for an invention (in this Chapter called the main invention ) has been applied for or granted; and

  (b)   the applicant or patentee (or a person authorised by the applicant or patentee) applies for a further patent for an improvement in, or modification of, the main invention; and

  (c)   the application for that further patent is made in accordance with the regulations;

the Commissioner may, subject to this Act and the regulations, grant a patent of addition for the improvement or modification.

  (2)   A patent request and complete specification relating to an application for a patent of addition must not be examined before a request is made for the examination of the patent request and complete specification relating to the application for the patent for the main invention.

  (3)   A patent of addition must not be granted before the patent for the main invention is granted.

  (4)   An appeal lies to the Federal Court against a decision of the Commissioner under this section.