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2.22.2 Transitional Provisions

Date Published

The transitional provisions of sec 233(3) and sec 234(4) state that complete specifications of:

  • patents granted under the 1952 Act;

  • applications lodged under the 1952 Act which have not been withdrawn or finally dealt with at the commencement date; and

  • patents granted on such applications;

are not subject to re-examination. Means other than re-examination by which validity issues may be raised against the above specifications are:

  • Section 138 Revocation of patents in other circumstances.

  • Section 59 Opposition to grant of standard patent.

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