Document ID: chunk:federal_register_of_legislation:C2024C00455:section:78
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 78
Character Range: 93711–95039

78  Exclusive rights of patentee are limited if extension granted
  If the Commissioner grants an extension of the term of a standard patent, the exclusive rights of the patentee during the term of the extension are not infringed:
 (a) by a person exploiting:
 (i) a pharmaceutical substance per se that is in substance disclosed in the complete specification of the patent and in substance falls within the scope of the claim or claims of that specification; or
 (ii) a pharmaceutical substance when produced by a process that involves the use of recombinant DNA technology, that is in substance disclosed in the complete specification of the patent and in substance falls within the scope of the claim or claims of that specification;
  for a purpose other than therapeutic use; or
 (b) by a person exploiting any form of the invention other than:
 (i) a pharmaceutical substance per se that is in substance disclosed in the complete specification of the patent and in substance falls within the scope of the claim or claims of that specification; or
 (ii) a pharmaceutical substance when produced by a process that involves the use of recombinant DNA technology, that is in substance disclosed in the complete specification of the patent and in substance falls within the scope of the claim or claims of that specification.