Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_7
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 7310–8100

7  After subsection 18(1)
Insert:

Patentable inventions for the purposes of an innovation patent

 (1A) Subject to subsections (2) and (3), an invention is a patentable invention for the purposes of an innovation patent if the invention, so far as claimed in any claim:
 (a) is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies; and
 (b) when compared with the prior art base as it existed before the priority date of that claim:
 (i) is novel; and
 (ii) involves an innovative step; and
 (c) is useful; and
 (d) was not secretly used in the patent area before the priority date of that claim by, or on behalf of, or with the authority of, the patentee or nominated person or the patentee's or nominated person's predecessor in title to the invention.