Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 85

Revocation of patent for main invention

  (1)   If the patent for the main invention is revoked by a prescribed court, or by the Commissioner under section   101 or 137, the patent of addition becomes an independent patent unless otherwise ordered by:

  (a)   where the patent is revoked by a prescribed court--that court; or

  (b)   in any other case--the Commissioner.

  (2)   Where a patent of addition becomes an independent patent under this section, its term cannot be more than the unexpired part of the term of the patent for the main invention.


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