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Patents Act 1990

No. 83, 1990

Compilation No. 52

Compilation date: 14 October 2024

                Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Patents Act 1990 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Chapter 1—Introductory
1 Short title
2 Commencement
2A Object of this Act
3 Definitions
5 Associated applications
6 Deposit requirements
7 Novelty, inventive step and innovative step
7A Meaning of useful
9 Secret use
10 Certain international applications to be taken to have been given an international filing date
11 Act binds the Crown
12 Application of Act
12A Application of the Criminal Code
Chapter 2—Patent rights, ownership and validity
Part 1—Patent rights
13 Exclusive rights given by patent
14 Assignment of patent
Part 2—Ownership
15 Who may be granted a patent?
16 Co‑ownership of patents
17 Directions to co‑owners
Part 3—Validity
Division 1—Validity
18 Patentable inventions
19 Certificate of validity
20 Validity of patent not guaranteed
21 Validity not implied by making or refusal of non‑infringement declaration
Division 2—Matters not affecting validity
22A Validity not affected by who patent is granted to
22 Invalidity in relation to one claim not to affect validity in relation to other claims
23 Validity not affected by publication etc. after priority date
24