Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_12
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 14487–15690

12  Subsection 35(1)
Repeal the subsection, substitute:

 (1) If the Commissioner:
 (a) revokes a patent under section 137; and
 (b) is satisfied:
 (i) on application made by one or more persons in accordance with the regulations, that the persons are eligible persons in relation to the invention concerned, so far as so claimed in any claim of the revoked patent (the original claim) and that the former patentee is not such an eligible person; or
 (ii) on application made by one or more persons in accordance with the regulations, that the persons and the former patentee are eligible persons in relation to the invention concerned, so far as is claimed in any claim of the revoked patent (the original claim);
the Commissioner may declare in writing that the eligible persons are such eligible persons.

 (1A) If a complete application is made under section 29 by one or more of the declared persons, the Commissioner may grant a patent for the invention, so far as so claimed, to those declared persons jointly.

 (1B) If the Commissioner grants a patent under subsection (1A), the claims of that patent have the same priority date as that of the original claim as referred to in subsection (1).