Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 33

Opposition to standard patent if a person other than nominated person eligible for grant of patent

  (1)   If:

  (a)   an application has been made for a standard patent; and

  (b)   the grant of the standard patent is opposed under section   59 by one or more persons; and

  (c)   the Commissioner decides, under section   60, that:

  (i)   one or more opponents are eligible persons in relation to the invention, so far as claimed in any claim of the opposed patent application (the original claim ); and

  (ii)   the nominated person in respect of the application is not an eligible person in relation to the invention; and

  (iii)   there is no other reason that a patent should not be granted; and

  (d)   a complete application is made under section   29 by one or more of the eligible persons for a patent in relation to the invention;

the Commissioner may grant those eligible persons a patent jointly for the invention, so far as so claimed.

Opposition to standard patent if nominated person eligible for grant of patent with other persons

  (2)   If:

  (a)   an application has been made for a standard patent; and

  (b)   the grant of the patent is opposed under section   59 by one or more persons; and

  (c)   the Commissioner decides, under section   60:

  (i)   that both the nominated person and one or more of the opponents are eligible persons in relation to the invention, so far as claimed in any claim of the opposed patent application (the original claim ); and

  (ii)   that there is no other reason that a patent should not be granted; and

  (d)   a complete application is made by one or more of the eligible persons under section   29 for a patent in relation to the invention;

the Commissioner may grant a patent for the invention, so far as so claimed, to those eligible persons jointly.

Opposition to innovation patent if patentee not entitled to grant of patent but another person is

  (3)   If:

  (a)   an innovation patent is opposed under section   101M by one or more persons;

  (b)   the Commissioner decides, under section   101N, that the patentee is not entitled to the grant of the patent; and

  (c)   the Commissioner decides that one or more of the opponents are eligible persons in relation to the invention the subject of the patent, so far as claimed in any claim of the patent (the original claim ); and

  (d)   a complete application is made by one or more of the eligible persons under section   29 for a patent in relation to the invention;

the Commissioner may grant an innovation patent for the invention, so far as so claimed, to those eligible persons.

Opposition to innovation patent if patentee entitled to grant of patent with other person

  (4)   If:

  (a)   an innovation patent is opposed under section   101M by one or more persons; and

  (b)   the Commissioner decides that one or more of the opponents and the original patentee are eligible persons in relation to the invention the subject of the patent, so far as claimed in any claim of the patent (the original claim ); and

  (c)   a complete application is made by one or more of the eligible persons under section   29 for a patent in relation to the invention;

the Commissioner may grant an innovation patent for the invention, so far as so claimed, to those eligible persons jointly.

  (5)   If the Commissioner grants a patent under subsection   (1), (2), (3) or (4), the claims of that patent granted have the same priority date as that of the original claim referred to in the respective subsection.