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Intellectual Property Laws Amendment Bill 2006

Schedule 10 Making divisional applications for innovation patents


Patents Act 1990

1  Subsection 79C(1)

After “may”, insert “, in accordance with the regulations,”.

2  Subsection 79C(2)

Repeal the subsection, substitute:

             (2)  The patentee may make the further complete application only during the period:

                     (a)  starting when an examination of the first patent begins; and

                     (b)  ending when any of the following happens:

                              (i)  the term of the first patent ends;

                             (ii)  the first patent is revoked;

                            (iii)  the first patent ceases;

                            (iv)  a period prescribed by the regulations for the purposes of this subparagraph ends.

3  Application

The amendments made by this Schedule apply to the making of a complete application on or after the commencement of this Schedule, whether the first patent concerned was granted before, on or after that commencement.