Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 119B

Infringement exemptions: acts for obtaining regulatory approval (non-pharmaceuticals)

             (1)  A person may, without infringing a patent, do an act that would infringe the patent apart from this subsection, if the act is done solely for:

                     (a)  purposes connected with obtaining an approval required by a law of the Commonwealth or of a State or Territory to exploit a product, method or process; or

                     (b)  purposes connected with obtaining a similar approval under a law of another country or region.

             (2)  This section does not apply in relation to a pharmaceutical patent within the meaning of subsection 119A(3).



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