Patents Bill

  • enacted
103 Provisions concerning inventive step requirement and validity in connection with patents of addition
  • (1) The grant of a patent of addition must not be refused, and a patent granted as a patent of addition must not be revoked or invalidated, on the ground only that the invention claimed in the complete specification of the patent of addition does not involve any inventive step having regard to any publication or use of—

    • (a) the main invention described in the complete specification for the main invention; or

    • (b) any improvement in, or modification of, the main invention described in the complete specification of—

      • (i) a patent of addition to the patent for the main invention; or

      • (ii) an application for a patent of addition to the patent for the main invention.

    (2) The validity of a patent of addition must not be questioned on the ground that the invention should have been the subject of an independent patent.

    Compare: 1953 No 64 s 34(7)