Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_33:p2
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 33 (pt 2/2)
Character Range: 12191–13303

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.