Commonwealth Numbered Acts

PATENTS AMENDMENT ACT 1989 No. 96, 1989 - SECT 4

4. Section 75 of the Principal Act is amended:

   (a)  by omitting subsection (1) and substituting the following subsections:

"(1) Subject to subsection (1A), a patent of addition remains in force for so
long as the patent for the main invention remains in force.

"(1A) The term of a patent of addition may be extended under Part IX even
though the term of the patent for the main invention is not so extended.

"(1B) An extension of the term of a patent of addition shall commence at the
end of the term of the patent for the main invention."; and

   (b)  by inserting after subsection (2) the following subsection:

"(2A) If the term of a patent of addition is extended under Part IX and the
patent for the main invention is not so extended, the patent of addition
becomes an independent patent and the fees payable after the patent becomes an
independent patent, and the dates when they become payable, shall be
determined by its date.".