Document ID: chunk:federal_register_of_legislation:C2004A00936:clause:1_23
Version: federal_register_of_legislation:C2004A00936
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 7072–8035

23  Subsection 119(2)
Repeal the subsection, substitute:

 (2) Subject to subsection (3), subsection (1) does not apply if the person derived the subject‑matter of the invention concerned from the patentee or the patentee's predecessor in title in the invention.

 (3) Subsection (2) does not prevent subsection (1) from applying if:
 (a) the person derived the subject‑matter of the invention concerned from information that was made publicly available by or with the consent of the patentee, or the predecessor in title of the patentee; and
 (b) the making of that information publicly available was through any publication or use of the invention in the prescribed circumstances mentioned in paragraph 24(1)(a).

 (4) Subsection (1) does not apply if the person, before the relevant priority date, had stopped making the product or using the process (other than temporarily), or had abandoned (other than temporarily) the steps mentioned in paragraph (1)(b).