Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 50

Application or grant may be refused in certain cases

  (1)   The Commissioner may refuse to accept a request and specification relating to a standard patent, or to grant a standard patent:

  (a)   for an invention the use of which would be contrary to law; or

  (b)   on the ground that the specification claims as an invention:

  (i)   a substance that is capable of being used as food or medicine (whether for human beings or animals and whether for internal or external use) and is a mere mixture of known ingredients; or

  (ii)   a process producing such a substance by mere admixture.

  (2)   The Commissioner may refuse to accept a specification relating to a standard patent containing a claim that includes the name of a person as the name, or part of the name, of the invention so far as claimed in that claim.


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