2.18.1 Introduction

Date Published

The effect of a patent is to give the patentee an exclusive right in respect of the invention (sec 13). Accordingly, the grant of multiple patents for the same invention would conflict with the nature of the rights provided by a patent.

The Act contains specific provisions relating to multiple applications for the same invention.

Subsection 64(1) permits the grant of two or more patents on applications for identical, or substantially identical, inventions having the same priority date. However, sec 64(2) prohibits such a grant upon a standard application where the application claims an invention that is the same as an invention that is the subject of another patent, made by the same inventor and having the same priority date.

Similarly, under sec 101F, a ground of revocation of an innovation patent is that the patent claims an invention that is the same as an invention that is the subject of another patent, made by the same inventor and having the same priority date.