81Grant of patent of addition

81 Grant of patent of addition

(1) Where: (a) a patent for an invention (in this Chapter called the main invention) has been applied for or granted; and (b) the applicant or patentee (or a person authorised by the applicant or patentee) applies for a further patent for an improvement in, or modification of, the main invention; and (c) the application for that further patent is made in accordance with the regulations; the Commissioner may, subject to this Act and the regulations, grant a patent of addition for the improvement or modification. (2) A patent request and complete specification relating to an application for a patent of addition must not be examined before a request is made for the examination of the patent request and complete specification relating to the application for the patent for the main invention. (3) A patent of addition must not be granted before the patent for the main invention is granted. (4) An appeal lies to the Federal Court against a decision of the Commissioner under this section.